The Riverside Group Limited (202001988)

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REPORT

 

COMPLAINT 202001988

The Riverside Group Limited

22 December 2020


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 whether or not the resident is liable to pay for communal heating for their property

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, as it is a matter for a Tribunal or Court to consider.

Summary of events

  1. The resident is an assured tenant of the landlord and rented a flat in a purpose built block.
  2. The landlord offered the resident a tenancy agreement on 6 July 2011, the offer letter set out that the tenant would be liable to pay service charges, which included an amount for a communal heating service. The tenancy commenced on 11 July 2011.
  3. In March 2020, the resident submitted a complaint about the heating charges, stating that it was unfair that they should pay for this. They explained that they did not believed they made similar use of the heating as other residents; therefore they should not pay the same amount.
  4. The landlord provided a final response to the complaint on 2 July 2020. It explained that the heating bill was apportioned in accordance with the tenancy agreement, and it was not able to alter how this service was supplied or charged for.
  5. The resident brought their complaint to this Service and explained they the amount they were charged for heating was unfair. They explained they believed the costs were too high and believed other residents may have larger properties, therefore they should pay more.

Reasons

  1. Paragraph 39(i) of the Housing Ombudsman 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;

  1. The resident’s complaint turns on their belief that they should not be liable for an equal share of communal heating charges, when they do not believe that they use equal amount of the service.
  2. The landlord’s position is that the communal heating charges are recoverable via service charges, as set out in the tenancy agreement.
  3. Disputes about the reasonableness and liability for service charges or rent are a matter for the First-tier Tribunal (Property Chamber) or Court to decide. I am therefore satisfied that this is not a complaint which the Ombudsman can investigate.
  4. Complaints about the reasonableness of or liability to pay fixed service charges may be a matter for the First-tier Tribunal (Property Chamber) if they form part of a wider complaint about rent, or for the Court if they solely relate to the service charge item. If the resident wishes to pursue this matter further, they may wish to contact Citizens Advice or seek their own independent legal advice.

https://www.citizensadvice.org.uk/

0800 144 8848