The Guinness Partnership Limited (202104385)

REPORT

COMPLAINT 202104385

The Guinness Partnership Limited

16 September 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 resident complained about landlord’s management of a deceased neighbour’s property.

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, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident complained about the landlord’s management of their neighbour’s property after they passed away. They were unhappy that the landlord had sent operatives in to clear the property. In further information to this Service, the resident explained that they believed their neighbour’s next of kin should have been provided access to the property
5. The landlord provided its final response to the resident’s complaint on 28 June 2021. It explained that, after the resident’s neighbour passed away, the tenancy at the property ended. The landlord was satisfied that it had then acted in accordance with its void policy to manage the empty property.
6. The resident referred their complaint to this Service.

Reasons

7. Paragraph 36 of the Scheme states that

“The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of property”

8. This Service understands that the passing of a neighbour can be a difficult and sensitive thing to deal with. There is no suggestion that the resident was raising these concerns with anything other than the best intentions.
9. The complaint concerns the landlord’s actions in relation to a neighbouring property which had become empty. As this is not related to the resident’s housing, this Service is unable to consider their complaint.