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Trafford Housing Trust Limited (202106952)

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REPORT

COMPLAINT 202106952

Trafford Housing Trust Limited

18 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 resident’s liability to pay Trustcare 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. The resident raised a complaint concerning their liability to pay for the Trustcare charges. Trustcare is a service which provides assistance to residents. The landlord charges residents for Trustcare as part of their service charges.
  2. The resident stated that he had not been informed of these charges at the start of his tenancy.
  3. The landlord provided a response to the complaint on the 19 May 2021. It explained that the information was provided when the resident signed up to the property, and provided a copy of an email of 2 October which appears to set this out.
  4. The landlord stated that the charges were compulsory and as such, the resident was liable to pay for them as listed in their tenancy agreement.
  5. The landlord provided a final response on the 8 June 2021. The landlord explained that prior to the start of the tenancy an interview had taken place with the resident. The landlord detailed that during this interview the charges were discussed and a subsequent email was sent confirming the charges on the 2 October. The landlord therefore considered that the resident was liable for these charges.
  6. The resident brought their complaint to this Service on 22 June 2021 explaining that they disagreed that they were liable to pay for the Trustcare charges.

Reasons

  1. Paragraph 39(i) of the Housing Ombudsman Scheme states that:

The Ombudsman will not investigate complaints which, 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. In this case the resident has been clear that his complaint is about their liability to pay service charges for Trustcare; they state the landlord cannot recharge this. The landlord’s final response to the complaint sets out its position on the matter, that the tenancy allows it to recharge this item to the resident.
  2. This Service cannot issue a binding decision on liability to pay service charges, this is a matter for the First-tier Tribual to consider. Therefore, in accordance with paragraph 39(i) the Ombudsman cannot consider this complaint. 
  3. If the resident remains dissatisfied with this issue, they may wish to seek further assistance from the following organisations.

www.shelter.org.uk

www.citizensadvice.org.uk

https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61

 

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