Brent Council (202121014)

Back to Top

REPORT

COMPLAINT 202121014

Brent Council

7 March 2022


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 concerns the landlord’s repairing obligations under the tenancy agreement.

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 is a secure tenant of the landlord.
  2. From information provided by this Service, it is clear that the landlord believes it can vary the terms of the tenancy agreement, as long as it complies with certain requirements, such as consultation with residents and issuing notice of any change.
  3. A dispute exists between the resident and the landlord concerning changes to the landlord’s repairing obligations. The resident believes that the landlord must honour the repairing obligations set out in the tenancy they signed when they originally moved into their property. The landlord explained that it has varied its repairing obligations, most recently in 2015, with the resident taking part in that consultation process and receiving information and notification of change at that time.
  4. The landlord provided its final response to the complaint on 22 November 2021, and the resident referred their complaint to this Service.

Reasons

  1. Paragraph 39 (e) and (m) of the Housing Ombudsman Scheme sets out that

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

(e) “were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising”

(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. From information provided to this Service, the changes made to the landlord’s repairing obligation occurred in 2015 and the resident was aware of this. The Ombudsman cannot consider complaints about issues which occurred several years ago.
  2. More importantly, a dispute exists about the meaning of parts of the tenancy, whether the landlord has changed these and, if so, whether it has done so legally. The Ombudsman cannot make binding decisions about the meaning of the terms of a tenancy, nor can we decide that any changes may have been made legally, this is a matter for the Courts to decide. Therefore, the Ombudsman cannot consider