Thames Valley Housing Association Limited (201904274)

REPORT

COMPLAINT 201904274

Thames Valley Housing Association Limited

23 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

1. The complaint concerns a dispute about the area allocated to the resident as their garden and how this is defined in associated paperwork.

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. 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’s solicitor contacted the landlord on 19 June 2018 concerning the garden boundary. They suggested that there may have been an error as the amount of land was not the same as the neighbouring properties. The solicitor requested a Deed of Variation to include the garden area.
4. The landlords solicitor acknowledged this request on 10 July 2018 and requested coloured copies of the registered lease.
5. On 18 May 2019, the resident contacted the landlord to raise a complaint as there had been no response to her solicitor’s correspondence concerning the deed. The resident also explained that she felt she had been prevented from fully enjoying her garden due to the issues concerning its ownership.
6. On 30 May 2019, the landlord advised the resident to contact its solicitor. In response, the resident asked for details of the landlords complaint procedure. It is also noted that the resident had other complaints with the landlord relating to cyclical maintenance.
7. On 11 August 2020, the landlord issued a final response to the residents complaint concerning cyclical maintenance. Within this letter, the landlord explained that the dispute about deeds was a legal matter, therefore it could not be progressed under its formal complaint procedure. It also confirmed that she should contact its solicitors.
8. On 17 January 2021, the resident provided this service with a copy of the final response letter issued by the landlord. During a phone call of 19 February 2021, the resident confirmed that the complaint concerning the cyclical maintenance was resolved but that she wished to progress matters concerning the deed dispute and was looking for compensation for damages relating to this issue.

Reasons

9. Paragraph 39 (i) of the Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: concern 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;
10. The Ombudsman cannot make a decision about where the garden boundary line is as this is a legal matter which would have to be decided by a court of law. Determining liability for loss of enjoyment and establishing whether or not a claim for damages exists is also a matter for the Courts. I am therefore satisfied that in accordance with Paragraph 39 (i) of the Scheme, this complaint is not within the jurisdiction of the Ombudsman to consider further as it is a matter best considered in Court.