London Borough of Newham (202418048)

Background

1. The leaseholder passed away in 2018. The complaint has been referred to us by her relative who is an executor of her will.
2. Following a leak into the property in 2020, the deceased leaseholder’s relative made a claim via the landlord’s insurer for the damage caused. He asked the landlord for support on the matter. During that time he also asked why he was no longer able to access the property’s garden. Subsequently he raised a complaint in 2023 about the issues when he became an executor of the will. He has told us that the property belongs to the late leaseholder’s estate. For the purposes of this report, we have referred to the late leaseholder’s relative as ‘the executor’.

What the complaint is about

3. The complaint is about the landlord’s handling of the insurance claim and its response to the executor’s queries about access to the property’s garden.

Our decision (determination)

We have found it is outside our jurisdiction to investigate the complaint.

Reasons

4. Our Scheme states that the Ombudsman can consider a complaint from a person who is or has been in a landlord/tenant relationship with a member landlord (a complainant). It also states that the Ombudsman can consider a complaint from a person with authority (a representative) to make a complaint on behalf the deceased complainant.
5. It is accepted that the executor has the authority to make a complaint on behalf of the deceased resident, by way of the Grant of Probate. In such an instances, we would need to be satisfied that the deceased had raised their concerns prior to their passing, and the representative is carrying on the complaint, with requisite authority on their behalf. However, in this case, the executor complained about the landlord’s handling of an insurance claim approximately 2 years after the resident had passed away. As the matter complained about does not pre-date the leaseholder’s death, it cannot be established that the executor is acting in capacity as a representative.
6. Instead, the complaint is the executor’s own, rather than being made on behalf of the resident. The issues negatively impacted him, in terms of the delayed sale of the property and discharge of the estate, rather than impacting the resident. As a result, the complainant requirements are not met and the executor does not have the requisite standing to bring a complaint to this Service. Therefore, the matter is not within the Ombudsman’s jurisdiction and will not be considered further.