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Wakefield And District Housing Limited (202007963)

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REPORT

COMPLAINT 202007963

Wakefield And District Housing Limited

22 April 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 is about the landlord’s calculation of rent under the social rent reduction.

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’s complaint concerns how the landlord calculated rent reductions and whether this is compliant with the social rent reduction as set out in the Welfare Reform and Work Act 2016. The social rent reduction required housing associations to reduce rent annually by 1% over four years and commenced in April 2016.
  2. This service has not seen the resident’s initial complaint to the landlord. From information provided by the resident to this service, we understand that in brief, the complaints made by the resident concerned:
    1. The method which the landlord uses to calculate rent.
    2. That the landlord had not complied with the social rent reduction correctly and that the resident had seen no benefit because of this.
  3. In April 2020, the resident requested escalation of his formal complaint as he believed he had been overcharged rent. He says the number of weeks the landlord had calculated the rent over in the financial year was to avoid complying with relevant legislation. He also disputed that rent was charged on a weekly basis.
  4. The landlord issued its final response on 29 July. It explained it had applied a rent reduction in line with the relevant legislation. It also explained it had appointed a third party to carry out an audit of its calculations who found that rent reductions had been consistently applied in line with relevant legislation. However, it offered compensation of £25 for delays in complaint handling.
  5. The resident referred the complaint to this service to make a claim for what he considers to be overcharged rent. In correspondence to this service, the resident explained that they believe that the landlord’s method of calculating rent is not in keeping with the tenancy agreement, is not in keeping with the guidance or spirit of the social rent reduction and has led to overcharging of rent.

Reasons

  1. Paragraph 39 (g) and (i) of the Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

(g) concern the level of rent or service charge or the amount of the rent or service charge increase;

(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;

  1. The complaint concerns whether the landlord calculated rent correctly in accordance with the tenancy and whether it had applied the social rent discount appropriately. The resident states that rent has been incorrectly charged and therefore is set too high. Our service cannot consider complaints about the level of rent. Furthermore, if the calculation originates from a dispute about the terms of the tenancy, this would most likely require consideration by court or tribunal, which can issue binding decisions. In addition, whether the landlord has correctly complied with legislation would also be a matter for the courts. The complaint is therefore outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (g) and (i) of the Scheme.
  2. If the resident wishes to pursue the matter any further then he may wish to seek legal advice or speak with the Citizens Advice Bureau.