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Shepherds Bush Housing Association Limited (202103675)

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REPORT

COMPLAINT 202103675

Shepherds Bush Housing Association Limited

12 April 2022


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 concerns the landlord’s handling of repairs.

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 raised concerns that the landlord had delayed various repairs to the property. The resident explained that she had decided to withhold rent until the landlord completed the outstanding repairs.
  2. The landlord provided a stage two response to the complaint on 17 June 2021.
  3. The landlord confirmed to this Service that it has now commenced a possession claim in Court because of the rent arrears.

Reasons

  1. Paragraph 39(h) of the Housing Ombudsman Scheme states that the Ombudsman will not investigate complaints which:

‘are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;’

  1. The resident’s complaint is that the landlord unnecessarily delayed repairs taking to the property and therefore withheld rent payments.
  2. The landlord submitted a possession claim for rent arrears; therefore, the resident had the opportunity to submit a defence to the Court asking it to consider the outstanding repairs at the property. The landlord was awarded a suspended possession order granted by the Court for rent arrears.
  3. Therefore, in accordance with paragraph 39(h) this is not a complaint that the Ombudsman can investigate further.
  4. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisation may be of use.

www.citizensadvice.org.uk