The Housing Ombudsman can consider a complaint from an individual that is, or has been, in a landlord and tenant relationship with a landlord that is a member of the Housing Ombudsman Scheme.
This includes:
tenants that have a secure, assured or assured shorthold tenancy with a member landlord
leaseholders - those that lease a property owned or managed by a member landlord
shared owners – those that own part of their home and rent the other part from a member landlord (shared ownership)
those who have a licence or other arrangement to occupy a residential property directly with a member landlord
It does not include:
people that own their home (freeholders) – even where they are paying an estate or service charge
those that pay rent to a landlord for the use of a non-residential space, for example a garage or parking space which is unrelated to a resident’s occupation of their home
those who are squatting without a legal relationship
a lodger or family member staying with the tenant and not listed as a tenant on the tenancy agreement
If you no longer live at the property you are complaining about, you must have had the landlord and tenant relationship at the time the complaint issue arose.
You should complain as soon as you become aware of the complaint issue.
The Ombudsman’s Complaint Handling Code says that complaints must be raised within a reasonable time, and this is usually within 12 months of the date of the issue arising. The Ombudsman may decide not to investigate a complaint where it was raised more than 12 months after the complaint issue arose.
Other situations where the Ombudsman will consider a complaint
The Housing Ombudsman will also consider a complaint where one of the following applies:
people who have applied for a property with a landlord that is a member of the Scheme - this does not include a homeless or housing application to the council
those who have or are applying to succeed the tenancy where the tenant has passed away
those who have or are trying to take over a tenancy by assignment or mutual exchange
those who have matrimonial home rights
those who have a court order, or power of attorney in respect of property and finances, for someone in a landlord-and-tenant relationship. Where there is a restriction in the power of attorney, we may require more information from a GP or social worker to confirm the tenant no longer has capacity
those who have signed authority to represent a resident
