Soha Housing Limited (202318986)
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Decision |
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Case ID |
202318986 |
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Decision type |
Investigation |
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Landlord |
Soha Housing Limited |
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Landlord type |
Housing Association |
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Occupancy |
Shared Ownership |
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Date |
4 March 2026 |
Background
- The resident lives in a purpose-built block of flats, the landlord manages the communal areas of the block. Having received the landlord’s 2023/24 service charge statement, she queried the increase in certain charges with it.
What the complaint is about
- The complaint is about the landlord’s handling of the resident’s:
- Queries about the increase in service charges.
- Report that it had failed to adequately maintain communal areas.
- Associated complaint.
Our decision (determination)
- We have found:
- The complaint about the increase in service charges, to be outside of our jurisdiction.
- No maladministration in relation to the resident’s report that the landlord failed to adequately maintain communal areas.
- No maladministration in relation to the landlord’s complaint handling.
We have not made orders for the landlord to put things right.
Summary of reasons
Queries about the increase in service charges.
- The resident’s complaint about whether service charge amount is fair and reasonable is outside of our jurisdiction.
The resident’s report that the landlord failed to adequately maintain communal areas.
- The landlord regularly cleaned and maintained the communal areas. It also took prompt action upon receiving reports that further cleaning and maintenance was required.
The complaint handling.
- The landlord followed its complaint procedure by responding fully and promptly to the resident’s complaint.
Our investigation
The complaint procedure
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Date |
What happened |
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11 August 2023 |
The resident complained that some of the individual charges that made up the 2023/24 service charge, were too high. |
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5 January 2024 |
The landlord issued its stage 1 response. It explained why the service charge had increased and why there was a management fee. It acknowledged the resident had commented on some of the services provided. It asked for photographs of the areas of concern but apologised for a delay in providing the new bin store lock code. |
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10 January 2024 |
The resident escalated the complaint. She remained unhappy with the level of increase in the service charge overall and said the grounds maintenance and cleaning were not adequate. |
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2 February 2024 |
The landlord issued its stage 2 response. It accepted the resident had not been notified of the bin store lock code being changed promptly, and it reiterated its apology. It said it had not acted in an unsatisfactory way in relation to the service charge so did not uphold the complaint. |
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Referral to the Ombudsman |
The resident referred the complaint to us as she remains unhappy with the level of the service charge. The resident did not specify the outcome she was seeking but has indicated she would like the service charge to be lowered and improvements in the quality of the cleaning. |
What we found and why
The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.
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Complaint |
The increase in service charges. |
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Finding |
Outside jurisdiction |
- The resident complained to the landlord that the service charge had increased by 56%. In particular, she was unhappy that the cost of ground maintenance had gone up by 450% and the cost of electricity had gone up by over 200%.
- We do not investigate complaints about the level or increase of service charge. As above the resident’s complaint centres on, and is ultimately about, the increase of service charge and so we will not investigate it. The First Tier Tribunal – Property Chamber is more likely to be best placed to consider this matter, given their powers and expertise.
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Complaint |
The resident’s report that the landlord failed to adequately maintain communal areas. |
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Finding |
No maladministration |
What we have not investigated
- The resident has said the landlord has not maintained the property and grounds sufficiently well. She says this continues to be an issue, but this investigation has not considered events after August 2024. That is 6 months after the landlord’s stage 2 response and was adequate time for it to have acted in response to the issues the reported and it said it would address. If the resident has experienced further problems, she should report these to the landlord, and if necessary, raise a new complaint.
What we have investigated
- The landlord’s estates and communal areas policy says it will set out the frequency and standard of maintenance work, tenants can expect for specific areas. It will also carry out inspections. The landlord has provided a document called ‘Specification and schedule of works for grounds maintenance of communal areas and sheltered schemes’ (the schedule) which provides this information. It says, for example, it completes fortnightly grass cutting between 1 March and 31 October, removes litter monthly at minimum and maintains planted areas monthly from 1 March to 30 September.
- The resident reported, on 7 August 2023, that the landlord had not given her the new code for the bin store. It sent her the original code the same day but arranged for the new code to be sent on 9 August 2023. The resident said she had had difficulties speaking with someone and getting the information she needed. We have not seen evidence of that, but the landlord did apologise for not having communicated the change of code, earlier and it having taken a couple of days to resolve the issue. This was a proportionate response to a brief oversight.
- The landlord has provided dates throughout 2023 and 2024 which refer to the building being cleaned every 2 weeks. There are also records from the grounds’ maintenance contractor from April 2023 through to August 2024 which show they attended approximately every 2 weeks. At each visit it recorded what work was done, such as mowing the grass, trimming hedges, picking up litter and tidying the hardscaping and the work completed was in line with its policy and the schedule.
- The landlord took steps to address the resident’s concern that some parts of the property were not being cleaned and parts of the grounds needed tidying, The landlord’s response to the complaint explained that every time the grounds maintenance contractor attends, the work may vary. One day there may be little to do, but the next time, a lot more may be required and they may stay for longer.
- The landlord received photographs from the resident on 10 January 2024 showing areas that needed cleaning. It responded the next day and accepted there was a concern over the standard of the cleaning. It arranged for the cleaning company to address the problem areas at its next visit. This included the cleaning of the communal bin area, tidying plants, weeding, a window cleaning and removal of cobwebs. The landlord inspected the property on 29 January 2024 to check the additional cleaning and tidying had been done. It carried out this further maintenance work in line with the timescales of its policy and the schedule. It also ensured it updated the resident when it was satisfied the work was complete. Overall, there was no maladministration.
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Complaint |
The handling of the complaint |
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Finding |
No maladministration |
- The landlord had a 2-stage complaints policy at the time of the complaint. It said it must log and acknowledge complaints within 5 working days. It could try and resolve the complaint within 3 days by ‘rapid resolution’, but if not, it must respond at stage 1 within 10 working days. At stage 2 a response should be sent within 20 working days.
- The landlord acknowledged the resident’s initial complaint of 11 August 2023 and responded to this within 5 working days. The landlord’s response was detailed, and it invited the resident to contact it if she felt it had not addressed her concerns. She did not respond at that time and the landlord reasonably concluded the resident considered the matter resolved (by way of rapid resolution).
- The resident contacted us and we informed the landlord on 12 December 2023 she remained unhappy. It responded proactively and contacted her on 19 December 2023, 5 working days later, to acknowledge the complaint and to get further information. This was in line with its policy and our Complaint Handling Code (the Code).
- The landlord issued its stage 1 response 10 working days later. It addressed all parts of the resident’s complaint. It explained the service charge had increased due to an increase in its costs, and it responded to her concern over the quality of cleaning and the maintenance of the grounds. When the resident escalated the complaint to stage 2, it acknowledged it the same day and ensured the stage 2 response was sent within 20 working days.
- The landlord complied with its policy and the Code and ensured both of its responses were issued in line with the timescales of these. Its responses were comprehensive and addressed all parts of the resident’s complaint, clearly explained its decisions and the reasons for these, which was in line with the requirements of the Code. Therefore there was no maladministration.
Learning
- The landlord was clear with the resident about how the grounds maintenance contractor worked and that it may do different things at each visit. Therefore, her expectations were properly managed.
- The landlord’s complaints procedure was not entirely in line with the Code at the time due to having a rapid resolution stage. However, it now has a statutory obligation to ensure such compliance, and this is monitored by a dedicated team within the Ombudsman. The landlord should consider reviewing its current complaints policy to ensure compliance with the Code.
Knowledge information management (record keeping)
- The landlord carried out an inspection to check on the work done following the resident’s report of issues, and this is documented in emails. However, the landlord should maintain clear inspection records to evidence compliance with its own policies.
Communication
- The landlord provided a clear breakdown to the resident of how its service charges were calculated and why they had increased.