A2Dominion Housing Group Limited (202400727)

Background

1. The resident has occupied the property since 2017. Prior to her moving in, the landlord replaced the ensuite shower room and made alterations to the kitchen, to remove disability adaptations made for the previous resident. From 2017, the resident reported a number of issues with the property that she wanted the landlord to addthress, including a leak from the newly fitted ensuite and a problem with the kitchen units. From 2019 she also raised concerns about the level of service charges and the lack of information provided by the landlord. The resident complained that, 6 years after moving in, the landlord had not adequately addressed the issues raised.

What the complaint is about

2. The complaint is about the landlord:
   1. Failing to address the resident’s reports of a number of repairs, which included:
      1. A damaged shower tray and kitchen units.
      2. A leak from the ensuite.
      3. Ventilation units not working correctly, that needed to be replaced.
      4. Damaged glass on the balcony.
   2. Failing to check the front door was fire safety checked.
   3. Not responding to enquiries from the resident and National House Building Council (NHBC) in relation to the repairs needed.
   4. Increasing service charges every year, failing to provide detailed information about the accounts and not addressing concerns about the services provided.

Our decision (determination)

3. After considering the evidence, we have found the complaint is outside of our jurisdiction. As a result, we have not investigated it.

Summary of reasons

4. We may not investigate all complaints referred to us. What we can and cannot consider is set out in the Housing Ombudsman Scheme (the Scheme). It is our practice to limit the scope of our investigations to complaints that were brought to the attention of the landlord as a formal complaint within a reasonable period, which would normally be within 12 months of the matters arising.
5. In this case, the correspondence and complaint show the repairs reported were all identified by the resident around 2017 when she moved in to the property. It was also around the time she moved in that she raised concerns over the door needing a fire safety check. By 2019 the resident had contacted the NHBC and the landlord about possibly making a claim for the repairs and was unhappy that the landlord was not responding to the NHBC. In addition, it was from 2019 that the resident raised concerns about the service charges increasing, not receiving all the services she should and the landlord failing to provide detailed accounts.
6. The resident made a formal complaint about all the issues in September 2023, several years after each one arose. Due to the time that has passed, it would not be fair or reasonable to investigate the issues now, so the complaint has been deemed out of jurisdiction.
7. It is important to explain though, that even if the complaint was in time to consider, we are unable to determine whether a service charge is reasonable or payable. If the resident feels the amount she has been paying is unfair, she can apply to the First Tier Tribunal. They can determine disputes over service charges and how much should be paid.