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The Riverside Group Limited (202006904)

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REPORT

COMPLAINT 202006904

The Riverside Group Limited

3 November 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 the level of service charges.

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. On 8 October 2020 the resident’s complaint was brought to this service by a representative, who submitted copies of the following information:
    1. The landlord’s letter dated 4 May 2020, which was sent in response to a complaint raised by the resident on 5 March 2020. This concerned complaints made by the resident about the level of service charges and applications made to the Valuation Office Agency (VOA).
    2. A consultation letter dated 6 December 2017.
    3. Copies of applications for fair rent made by the resident to the VOA.
  2. This service was not clear about whether or not the matter being brought by the resident had exhausted the landlord’s complaint procedure. We therefore contacted the landlord for further information.
  3. The landlord provided this service with a copy of the residents complaint form and its final response.
  4. The resident’s complaint form dated on 15 October 2020 concerned the level of service charges. The resident explained that they were being charged twice as much as neighbours in similar properties and requested justification of the charges.
  5. The landlord’s final response on 9 December 2020 provided information about how it calculates service charges and the costs on which the resident’s charges were based. The landlord explained that it believed the service charges were calculated fairly and the level of charges were correct.
  6. On 23 January 2021, the representative clarified the complaint the resident wished this service to consider. That the resident’s service charges differed significantly to those charged to the resident’s neighbours and that the landlord had not provided sufficient evidence to support this.

Reasons

  1. The Housing Ombudsman Scheme sets out the type of complaints that this service can and cannot consider. Paragraph 39 g of the Scheme states that: “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: concern the level of rent or service charge or the amount of the rent or service charge increase”
  2. Complaints which concern the level and reasonableness of service charges are dealt with by the First Tier Tribunal (FTT) and fall outside of this service’s jurisdiction to consider.
  3. Whilst I note the representative has raised concerns regarding the landlords handling of the resident’s service charge queries, ultimately as the crux of the complaint concerns the reasonableness of the charges, I am satisfied that the complaint is better suited to the FTT.