Southwark Council (202452391)

Background

1. The resident first reported a leak from the roof and gutters in November 2023. The landlord carried out some works to stop the leak. During the works, it uncovered structural issues with the roof which delayed the remedial works. The resident raised a complaint about the landlord’s delays and mismanagement of the works. He was also unhappy about the increase in service charges relating to the works carried out to rectify the leak.     

What the complaint is about

2. The landlord’s handling of the resident’s:
   1. Report of a leak into the property and the associated remedial works.
   2. Concerns about his service charge.

Our decision (determination)

3. Having carefully considered all the evidence, we have decided the complaint is outside our jurisdiction and as a result we will not investigate it.

Summary of reasons

4. We do not investigate complaints about the increase or level of service charges. As part of the resident’s complaint relates to his dissatisfaction with the increase in service charges relating to the works carried out to rectify the leak, we will not investigate this.
5. The First Tier Tribunal (FTT) can make determinations on all aspects of liability to pay a service charge, including by who, to who, how much and when a service charge is payable. In order to decide liability, the FTT also decides whether service charge costs have been reasonably incurred and, if so, whether the standard of any services or works for which the costs are charged is reasonable. Accordingly, where there is a dispute about such matters it is more appropriate for the matter to be considered by the FTT
6. We cannot investigate issues which are also subject to legal proceedings or where matters to be considered by the legal process are connected so closely to the complaint, they cannot be separated. Arbitration is a legal process. In this case, the resident made an arbitration application to the landlord in January 2026. The landlord has accepted the arbitration application and is in the process of arranging a hearing. The matters for arbitration relate to the landlord’s handling of the leak and the associated remedial works. The issues for arbitration and the complaint to this service are substantially the same and so we cannot investigate the matter. That means we have no power to investigate the complaint.