Notting Hill Genesis (202006957)

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REPORT

COMPLAINT 202006957

Notting Hill Genesis

5 July 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The resident is unhappy that a parking space was not included within the purchase of their property.
  2. The resident is unhappy that the landlord has not subsequently agreed to sell them a parking space.

Determination (jurisdictional decision)

  1. 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.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. In August 2019, the resident purchased a 25% share of a property from the landlord.
  2. The resident states that they were under the impression that the property came with a parking space, but that the landlord rescinded this before completion.
  3. In May 2020, the resident got in touch with the landlord regarding the availability of a parking space and whether they were able to buy one.
  4. The landlord told the resident that there were no parking spaces available to buy at that time. Unhappy with this response, the resident raised a formal complaint with the landlord.
  5. The landlord issued their stage 2 response to the resident in February 2021. Within this, they advised that the resident had acknowledged there was no parking space at the point of instructing solicitors, so they consider that the resident was happy to proceed with the purchase with full knowledge you wouldn’t have a parking space.
  6. The landlord advised the resident that if a parking space becomes available for purchase, they will let them know and see if they are interested in purchasing the space.
  7. The landlord also upheld part of the resident’s complaint that they had been charged for parking services. They removed the charge and paid compensation to the resident. The resident has confirmed that they do not want this Service to consider this aspect of their complaint.
  8. Unhappy with the landlord’s response to their complaint about the purchase of a parking space, the resident asked this Service to consider their complaint.

Reasons

  1. Paragraphs 39 (i) of the Scheme states that:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

(i) concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.

  1. The resident’s property purchase was completed around August 2019. It is this Service’s opinion that any issues the resident had with the sale of the property should have been resolved during the purchase process. It was the resident’s responsibility to ensure that the details of the sale and any accompanying agreement reflected their understanding of the property they expected to purchase.
  2. If the resident is now disputing the terms of the original sale, this is something they may wish to discuss with their solicitor. If a dispute remains after this, I consider that this issue would be best considered through the courts.
  3. As set out above, paragraph 39 (i) of the Scheme sets out that we cannot consider complaints that the Ombudsman consider would be better dealt with through the courts. I am therefore satisfied that the Ombudsman cannot consider this part of the complaint.
  4. Paragraph 36 of the Housing Ombudsman Scheme states that:

The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.

  1. I appreciate the resident’s frustration that they are currently unable to purchase a parking space. However, the current leasehold agreement (albeit disputed) does not provide a parking space. Therefore, the resident’s application for what (in the lease’s current form) is a new parking space does not adversely affects the resident’s occupation of their property, as currently set out in the lease. I understand that it is the resident’s opinion that a parking space should have been provided and that this concerns an effort to remedy this, however, as set out above, ultimately this concerns the terms of sale.
  2. As set out above, paragraph 36 of the Scheme sets out that we cannot consider a complaint where, in the Ombudsman’s opinion, the complaint does not affect the occupation of the resident’s property. I am therefore satisfied that the Ombudsman cannot consider this part of the complaint.