Bernicia Group (202106739)

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REPORT

COMPLAINT 202106739

Bernicia Group

25 August 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 complaint is about the level of rent.

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. The resident’s occupation of their property is secured under an ‘affordable rent’ tenancy. Affordable rents are set higher than ‘social rents’, usually at around 80% of the average rent in the private market. In February 2021, the resident complained to the landlord about the amount of rent they were paying.
  2. The resident complained that they understood that their neighbours who lived in similar properties were paying a lower rent. They disputed that the level of rent for their property was fair.
  3. The landlord issued its final response on 15 April 2021. It explained why the resident’s property was offered under the ‘affordable rent’ scheme, and why others in the locality may not have been. They concluded that the resident’s tenancy agreement and level of rent was correct.
  4. The resident brought their complaint to this Service, advising that they feel the rent they pay is unfair.


Reasons

  1. Paragraph 39(g) of the Housing Ombudsman Scheme states that:

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion…concern the level of rent or service charge or the amount of the rent or service charge increase.

  1. From my review of this complaint, it is clear that the resident’s complaint concerns the level of rent they are being charged. In accordance with paragraph 39(g) of the Scheme, this Service cannot consider complaints concerning the level of rent a resident is being charged.
  2. The resident may wish to consider approaching Shelter or Citizens Advice for further assistance:

Shelter:

Web: Housing advice from Shelter – Shelter England

Citizens Advice Bureau:

Web: Housing – Citizens Advice