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Tower Hamlets Council (201913189)

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REPORT

COMPLAINT 201913189

Tower Hamlets Homes

5 August 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 liability to pay for service charges.
  • The resident’s request to purchase the freehold.

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 submitted a complaint to the landlord stating concerns, in respect of the liability to pay for services charges and the request to purchase the freehold.
  2. The resident stated that the charges were not reasonable because her property is not a block of flats. As such, the resident proposed that she should not be required to pay the charges.
  3. The Ombudsman understands that the resident escalated their complaint regarding service charges to the first-tier tribunal. The application was received by the Chamber on the 5 January 2021.
  4. Furthermore, the resident has raised that she should be permitted to purchase a share of the freehold and states that she was advised that this would cost £5000.
  5. The landlord provided a final response to the complaint on the 5 March 2021. The landlord explained in relation to service charges that the property is a leasehold and as such, it considered that the resident was liable to pay charges to include building insurance, ground rent and communal maintenance which relate to the roof.
  6. With regards to the complaint in relation to the purchase of a share of the freehold, the landlord advised that the resident seek independent legal advice and explained that the purchase would be through a statutory collective enfranchisement process.

 

Reasons

  1. The Housing Ombudsman Scheme states that:

                         The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

 

Paragraph 39(i):

 

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;

 

and

 

Paragraph 39(m):

 

fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body;

 

  1. The complaint is twofold and concerns the liability to pay for service charges and the request to purchase a share of the freehold.
  2. The resident’s complaint concerns a dispute regarding service charges. The landlord has issued charges which the resident does not consider they are liable for. From the information provided to this service, the Ombudsman understands that the resident has escalated their complaint to the first- tier tribunal.
  3. This Service cannot issue a binding decision about the liability to pay for the service charges. In this case, the resident has been clear that this aspect of her complaint relates directly to the liability to pay for the service charges. Therefore, this case is better suited to the First-Tier Tribunal and is not a complaint that the Ombudsman can investigate further.
  4. Part of the resident’s complaint concerns the landlord’s handling of the resident’s request to purchase a share of the freehold of the building. The landlord is a council and therefore, the decision to dispose of or sell property is something which it undertakes in its capacity as a Local Authority. Complaints about Local Authority’s are a matter for the Local Government and Social Care Ombudsman. Local Government and Social Care Ombudsman details are as follows: www.lgo.org.uk 0300 061 0614.
  5. I am therefore satisfied that, in accordance with paragraph 39 (i) and (m) of the Scheme, this is not a complaint which the Ombudsman can investigate further