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Citizen Housing (202316111)

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REPORT

COMPLAINT 202316111

Citizen Housing

18 March 2025

 

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. This complaint is about the landlord’s:
    1. Handling of outstanding repairs in the property.
    2. Staff conduct.

Determination (jurisdictional decision)

  1. When a resident brings a complaint to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why we will not investigate a complaint.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within our jurisdiction.

Summary of events

  1. On 13 May 2022, the Court issued an injunction to give the landlord access to the property for the purpose of inspecting the cellar and storeroom.
  2. Throughout 2023 and 2024, the landlord evidenced that it sought to access the property on multiple occasions for assorted reasons. These included a gas safety inspection, an electrical inspection, an assessment by damp specialists, an assessment by loss adjusters, and to complete outstanding repairs. The landlord said the resident did not provide access.
  3. On 16 July 2024, the landlord’s solicitor served a Notice of Seeking Possession on the resident.
  4. The landlord told this Service that the matter is subject to a return hearing at Court on 20 March 2025.

Reasons

  1. Paragraph 42.e. of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.
  2. As proceedings are ongoing, the resident has the opportunity to raise her complaint about the landlord’s handling of the repairs and the conduct of its staff as part of these proceedings.
  3. Accordingly, we will not investigate the complaint about the landlord’s handling of the repairs or the conduct of its staff under paragraph 42.e. of the Scheme.