Citizen Housing Group Limited (202317398)

REPORT

COMPLAINT 202317398

Citizen Housing Group Limited

22 September 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. The complaint is about:
   1. The resident’s access to his vehicle being restricted by the landlord.
   2. The landlord attempting to conduct electrical safety checks at the property.

Determination (jurisdictional decision)

2. 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.
3. After carefully considering all the evidence, the complaint as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

4. The resident is an assured tenant on the property, a 2-bedroom bungalow. He succeeded the tenancy in April 2012.
5. The landlord owned a set of garages close to the resident’s property. These were rented out to tenants. The area contained no other designated parking, and the resident did not rent a garage. In 2021 the landlord planned to develop the site and remove the existing garages.
6. On 18 November 2021 the resident contacted the landlord to say it had erected a fence around the area his vehicles were parked, and he could not access them. The landlord attended the site to allow the resident to move his vehicles.
7. The resident complained to the landlord on 6 December 2022. He said he missed an MOT appointment due to his vehicle being “fenced in” by the landlord. He also said it was behaving irresponsibly by attempting to carry out electrical safety checks at his property that it had no right to do.
8. On 20 December 2022 the landlord issued its stage 1 response and said:
   1. The resident had no legal right to park in the area as it was only for tenants who rented a garage.
   2. It had written directly to tenants who rented a garage from it.
   3. It had put up signs in advance to warn others parked in the area that it would be fenced off and when that would happen.
   4. When the fence was erected, some vehicles had not been moved. It put up signs containing a number to call to arrange access to the site to remove vehicles.
   5. As a provider of social housing, it had a responsibility to ensure tenants live in a safe environment.
   6. In line with its electrical safety policy, it conducted electrical checks every 5 years to ensure its homes were safe.
   7. The resident had an obligation under his tenancy agreement to allow the landlord access to the property to carry out the electrical safety inspection.
9. On 12 December 2023 the resident escalated his complaint. The landlord issued its stage 2 response on 10 January 2024. It said:
   1. It was sorry if the resident felt he had been discriminated against by the issues he had raised.
   2. However, its position had not changed from its stage 1 response.
10. The resident remained dissatisfied and brought the complaint to us.

Reasons

11. 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.
12. What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Scheme. When a complaint is brought to us, we must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.
13. Paragraph 53a of the Scheme states that the Ombudsman may determine the investigation of a complaint immediately if satisfied that the complaint is no longer within the Ombudsman’s jurisdiction.
14. Paragraph 42.l. of the Scheme states the Ombudsman may not consider complaints which seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon.
15. The resident raised a further complaint regarding electrical safety checks in October 2023. The new complaint was also referred to us and was determined in April 2025. Our investigation looked at the landlord’s attempts to carry out electrical safety checks on the resident’s property between November 2020 and October 2023. We found the landlord had an obligation to carry out the checks and determined there was no maladministration. As such, we have already decided on this aspect of the resident’s complaint.
16. Paragraph 42c of the Scheme states we may not consider complaints which, in our opinion were not brought to the attention of the member as a formal complaint within a reasonable period, which would normally be within 12 months of the matters arising.
17. We encourage residents to raise complaints with their landlords in a timely manner, so that the landlord has a reasonable opportunity to consider the issues while they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events which occurred. As the substantive issues become historical it is increasingly difficult for either the landlord, or an independent body such as the Ombudsman, to conduct an effective review of the actions taken to address those issues.
18. The issue with the resident’s vehicle occurred on 18 November 2022 and was resolved the following day. He did not complain to the landlord until 6 December 2022, over 12 months after the incident had been resolved. There was no evidence of ongoing service requests with the landlord, about the issues at the time of the resident’s complaint. The resident waited a further 12 months before escalating his complaint to stage 2.
19. Therefore, for the reasons identified above, the complaint is no longer within the Ombudsman’s jurisdiction as per paragraph 53a of the Scheme.