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Yorkshire Housing Limited (202011704)

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REPORT

COMPLAINT 202011704

Yorkshire Housing Limited

20 July 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’s complaint is about the level of rent they are being charged.

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 got in touch with the landlord after becoming aware that some properties in their building attract a lower rent than the resident’s.
  2. The landlord issued their final response on 19 February 2021, which provided an explanation of how rents are calculated for its properties.
  3. The resident brought their complaint to this Service, advising that they think the level of rent is unfair because they believe other residents are paying less.

Reasons

  1. 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 rent or service charge increase.


  1. 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.
  2. 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: 0161 237 9491