Plus Dane Housing Group Limited (202004136)

REPORT

COMPLAINT 202004136

Plus Dane Housing Group Limited

25 February 2021

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

The complaint is about the landlord’s decision to introduce charges for gardening through service charges from April 2020.

Determination (jurisdictional decision)

1. 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.
2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

3. The resident made a complaint to the landlord about a grounds maintenance and gardening charge that was introduced in April 2020.
4. The landlord provided its final response to the complaint on 4 August 2020. The landlord explained that it reviewed its environmental services the previous year and found it was no longer able to fund the entire grounds maintenance service. Therefore, it decided to charge residents who were not paying contributions towards ground’s maintenance on the estates where they live. The landlord also states that it wrote to tenants in February 2020 explaining the reasons for the introduction of the grounds maintenance charges. 
5. The resident contacted the Ombudsman on 7 August 2020 to log their complaint about the issue, and to request a copy of the Ombudsman’s complaint form which was sent to the resident on the day.
6. On 8 December 2020, the Ombudsman received a complaint referral from the residents local MP. The MP provided a copy of the resident’s Ombudsman complaint form, the landlord’s final response, and a copy of correspondence between the resident and landlord regarding the complaint.
7. The Ombudsman contacted the resident on 24 February 2021 to clarify the substantive complaint. During the call, the resident explained that the landlord introduced a communal maintenance charge in April 2020 and told the resident that they had to pay for this under their service charges. The resident explained that they do not think they should be liable to pay the charge because they do not think it is beneficial to them and disputes that the landlord is able to recharge this service.

Reasons

8. Paragraph 39(j) of the Scheme states that the Ombudsman will not investigate complaints which;

Concerns matters where the Ombudsman considers it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.

9. The resident is disputing their liability to pay for gardening through their service charge. Therefore, in accordance with paragraph 39(j) of the Scheme, this complaint is outside the Ombudsman’s jurisdiction to consider. This is because complaints concerning liability to pay service charges are dealt with by the First-tier Tribunal (Property Chamber), which has the authority to decide on matters such as the reasonableness of the charge and liability to pay it. Should the resident wish to pursue this complaint further, they can contact the First-tier Tribunal using the following contact details:

            First-tier Tribunal (Property Chamber)

1st Floor, Piccadilly Exchange

2 Piccadilly Plaza

Manchester

Email: rpnorthern@justice.gov.uk

Telephone: 0161 237 9491

Fax: 01264 785 128