London Borough of Lambeth (202330223)

Back to Top

 

REPORT

COMPLAINT 202330223

Lambeth Council

12 April 2025

 

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about the landlord’s handling of the resident’s concerns about the increase in communal heating system service charges.

Jurisdiction

  1. The resident is a secure tenant of the landlord. The property is served by a communal heating system for which the resident pays service charges.
  2. The resident’s complaint concerned the increase in rent and service charges. A significant portion of this increase was associated with the heating and hot water service and whether the costs charged by the landlord were reasonable.  The resident also questioned whether the increase in rent was reasonable.
  3. The landlord explained the reason for the increase. It provided the resident with information about financial support she may be able to receive.
  4. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. 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. Paragraph 42.d. of the Scheme says that the Service may not investigate complaints concerning the level of rent or service charge or the amount of the rent or service charge increase.
  5. Fixed service charges are a contractual obligation between the landlord and the resident. A dispute in respect of the level or reasonableness of a fixed service charge is a legal matter and should be referred to the court.

Determination

  1. In accordance with paragraph 42.d. of the Housing Ombudsman Scheme, the complaint about the landlord’s handling of the resident’s concerns about the increase in communal heating system service charges is outside the jurisdiction of the Service.