Peabody Trust (202206937)

REPORT

COMPLAINT 202206937

Peabody Trust

18 December 2023

Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

1. This complaint is about:
   1. The condition of the property when the resident started her tenancy.
   2. Problems with damp and mould.
   3. The landlord’s handling of the resident’s antisocial behaviour reports.
   4. The landlord’s handling of general repairs in the resident’s home.
   5. The resident’s view that the landlord had harassed, victimised and intimidated her.

Determination (jurisdictional decision)

2. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
3. After carefully considering all the evidence, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident was previously a tenant of the landlord. In 2021, the landlord informed her that it intended to seek possession of her property. Internal documents state that the reasons for possession included allegations of antisocial behaviour (ASB).
5. The landlord subsequently applied to the courts, and received an order for possession in May 2022. The resident applied to set aside the order in June 2022, but was unsuccessful. She applied for a judicial review against the landlord and the courts in March 2023. Her application was refused. In both applications the resident defended against the possession order by raising issues about the landlord’s handling of her antisocial behaviour reports, issues around damp and mould in her home, and a range of repair issues since the start of her tenancy in 2020.
6. While her appeals were ongoing, the resident raised a complaint about the landlord with the Ombudsman in July 2022. Following our direction, she raised her complaint with the landlord as part of its complaint process, and then brought her complaint back to the Ombudsman.
7. While assessing the evidence in the complaint we identified that the issues of concern were the same as the resident had included in her appeals against the possession order, and were considered by the courts in their assessments of her applications.

Reasons

8. Paragraph 42(e) of the Scheme states that the Ombudsman may not consider complaints which concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
9. Regardless of the outcome of the resident’s appeals, the fact that she had the opportunity to have her concerns about: the landlord’s handling of her ASB reports; the condition of her property at the start of her tenancy; her reports of damp and mould; and the landlord’s handling of other repairs considered as part of legal proceedings, means that they cannot be investigated by the Ombudsman, in accordance with paragraph 42(e). This also applies to the issues raised about the landlord’s alleged conduct towards the resident, because the resident connects that issue to the landlord’s handling of her ASB and repair reports, and so was, essentially, an element of her possession defence.