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Salix Homes Limited (202104609)

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REPORT

COMPLAINT 202104609

Salix Homes Limited

19 July 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

  1. The complaint is about the landlord’s response to the resident’s reports that the landlord’s contractor damaged their car.

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

  1. The resident submitted a complaint to the landlord. They stated that their car had been damaged by one of its contractors when attending their property to carry out a repair. The resident explained that they believed that the landlord was therefore liable for the damage sustained to their resident’s car.
  2. The landlord issued its final response to the complaint on the 19 April 2021. The landlord explained that they did not uphold the complaint, based on their assertion that there is no evidence to support that the damage done to the resident’s car was caused by the contractor’s trolley. The resident disputed this, explaining they felt the matter was not investigated properly.
  3. The Housing Ombudsman was provided with a copy of the final response on the 24 May 2021. The resident emailed this Service to explain they felt the landlord had not accepted that an operative had caused damage to their vehicle and that they wanted the Ombudsman to investigate this.
  4. During a call with this Service on the 6 July 2021, the resident advised they believe the landlord’s contractor dropped a shopping trolley on their car. The resident explained they believe the landlord caused the damage and is therefore liable to pay to repair the damage.

Reasons

  1. Paragraph 39r of the Scheme states that…

‘’The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.’’

  1. The resident confirmed that the complaint concerns their belief that the landlord’s contractor damaged their car, while attending the property on behalf of the landlord; therefore, they believe that the landlord is liable for the damage caused to their car. The landlord has disputed liability for any damage. Determining liability for damage to property is a matter for the Courts to consider. The Ombudsman cannot issue a binding decision determining liability.
  2. As the resident is seeking an outcome which is not within the Ombudsman’s authority to provide, namely, to determine whether the landlord is liable for the damage to the resident’s car, the complaint is outside of the Ombudsman’s jurisdiction to investigate further.
  3. The Ombudsman is aware that this is likely to be a disappointing outcome for the resident. If the resident wishes to pursue this matter further, they may wish to seek their own independent legal advice.