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Clarion Housing Association Limited (202104519)

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REPORT

COMPLAINT 202104519

Clarion Housing Association Limited

8 June 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.

  1. The complaint concerns the level of rent being charged in relation to the type of 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. In December 2020, the resident raised a complaint concerning the level of rent she is charged under her current tenancy and repair issues. When the resident submitted their complaint to this Service, they only asked us to consider the complaint about rent.
  2. On the 8 February 2021, the landlord addressed the residents complaints. In respect of the rent issue, the landlord explained the rent was correct and in line with the type of tenancy agreement she had signed in 2016. It said the tenancy type was an assured shorthold with an affordable rent type.
  3. On 15 February, the resident requested escalation of her complaint concerning the rent. She said that she had checked her tenancy type and it did not state that she was being charged affordable rent and as such believed she should therefore be charged social rent, the same as other tenants. She requested that her tenancy be changed to an assured lifetime tenancy with social rent. She said the rent had been inflated and charged in line with affordable rent and requested a reduction in rent.
  4. On 14 March the resident contacted the landlord again and requested that she be refunded for rent which she felt she had been overcharged since October 2016 and to reduce her rent to social levels. She also asked that the tenancy type be amended to assured lifetime and said it should have been this when she took it out in 2016.
  5. On 19 March 2021, the landlord issued its final response. It explained that the tenancy type taken out was originally a starter tenancy and the affordable rent type was its standard rent type. It stated the rent was correctly set at an affordable rent level and that the rents were capped. It also advised the resident that at the end of her current tenancy in October 2021, it would expect to offer her an assured tenancy subject to certain conditions/circumstances. It referred the resident to this service if she was unhappy with its response.
  6. The resident referred the complaint to this service explaining that she believed that she should be charged a social rent not an affordable rent. She wanted rent which she believed she had overpaid to be refunded and for the tenancy agreement to be changed.

Reasons

  1. Paragraph 39 (g) and (i) of the Scheme states that:

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

(g) concern the level of rent or service charge or the amount of the rent or service charge increase;

(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. The complaint concerns whether the landlord charged rent correctly in accordance with the tenancy and whether it should have applied social rent levels rather than affordable rent level. The resident states that the wrong type of rent has been applied to her tenancy and therefore the level of rent is set too high.
  2. As set out in paragraph 39(g) of the Scheme, this Service cannot consider complaints about the level of rent. Furthermore, if the rent calculated originates from a dispute about the terms of the tenancy, this would most likely require consideration by court or tribunal, which can issue a binding decision about whether the tenancy is correct. The complaint is therefore outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (g) and (i) of the Scheme.
  3. If the resident wishes to pursue the matter any further then she may wish to seek legal advice or speak with the Citizens Advice or Shelter.