Midland Heart Limited (202334895)

Background

1. The resident reported a leak into the property on 3 July 2023, and raised a complaint about the landlord’s handling of his reports. The landlord addressed the formal complaint about the leak and damp and mould repairs between October 2023 and January 2024.

What the complaint is about

2. The complaint is about the level of compensation offered in relation to the landlord’s handling of a leak and damp and mould.

Our decision (determination)

3. We have found that the complaint about the level of compensation offered in relation to the landlord’s handling of a leak and damp and mould is outside of our jurisdiction to consider.

Reasons

4. We may not investigate matters where a resident has had the chance to raise the subject matter of the complaint as part of legal proceedings. The resident, via his solicitors, initiated a Housing Condition Claim in August 2023. Among other reports of damp, this included damp and mould in bedrooms and leaks, which were part of his later complaint.
5. The claim was issued in court in January 2024. The resident then accepted the landlord’s Part 36 offer to settle the claim in September 2024. His solicitors confirmed they would notify the landlord and the court of his acceptance.
6. The resident had the opportunity to reject the settlement and pursue the claim if he was unhappy with the compensation element of the settlement offer at the time. The resident accepted the landlord’s Part 36 settlement offer following advice from his solicitor. As such, we are satisfied that the resident had the opportunity to raise the subject of the complaint as part of the legal proceedings at the time. For this reason, we will not investigate the complaint about the level of compensation offered in relation to the landlord’s handling of a leak and damp and mould.