Trafford Housing Trust Limited (202016694)

REPORT

COMPLAINT 202016694

Trafford Housing Trust Limited

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 resident complained that they pay an ‘affordable rent’ under their tenancy, rather than a ‘social rent’

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’s occupation of their property is secured under an ‘affordable rent’ tenancy. Affordable rents are set higher than ‘social rents’, usually at around 80% of the average rent in the private market. In December 2020 the resident complained to the landlord about the amount of rent they were paying.
5. In their complaint to this Service, the resident complains that they are paying an ‘affordable rent supplement’. For the purpose of clarity, this refers to the difference in rental values between a ‘social rent’ and an ‘affordable rent’ – there is no additional charge, or ‘supplement’, charged separately to the resident’s rent, as evidenced in the resident’s tenancy agreement.
6. The resident complained that they did not believe it was fair to charge them an ‘affordable rent’ and that they should pay a ‘social rent’ which would be cheaper. The resident’s complaint is therefore about the type or level of rent for their property.
7. The landlord issued its final response on 18 January 2021. It explained why it had decided to offer properties at an ‘affordable rent’ and that the resident’s tenancy agreement and level of rent was correct.
8. The resident brought their complaint to this Service, advising that they feel the affordable rent is unfair and unaffordable for them.

Reasons

9. Paragraph 39(g) of the Housing Ombudsman 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.

10. From my review of this complaint, it is clear that the resident’s complaint concerns the level of rent they are being charged. In accordance with paragraph 39(g) of the Scheme, this Service cannot consider complaints concerning the level of rent a resident is being charged.
11. The resident may wish to consider approaching the First Tier Tribunal for further advice:

www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber

Tel: 01243 779 394