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Clarion Housing Association Limited (202119314)

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REPORT

COMPLAINT 202119314

Clarion Housing Association Limited

13 January 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 landlords handling of the resident’s request for a refund of service charges.

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 August 2021, the resident raised a formal complaint to his landlord concerning his request for a refund of service charges. He believed the charges should be refunded on the basis that an adjacent building had received a refund of service charges following a tribunal decision. The resident states that the landlord had indicated that the refund would also be applied to his building, but no refund had been received.
  2. On 2 November, the landlord issued its final response to the complaint. It agreed that he had previously been given wrong information about a refund also applying to his block. However, it clarified that the tribunal decision was only applicable to the other building and apologised for the misinformation. It advised the resident to contact the First Tier Tribunal (FTT) directly if he wished to dispute the charges.

Reasons

  1. Paragraph 39 (g) and (i) of the 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;

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 the information provided, the resident would like a refund of the service charges as an outcome to his complaint. The refund for the adjacent block was determined by the FTT. The FTT considers many factors when deciding whether the service charges are fair or applicable.
  2. I can understand the resident’s frustration at being given conflicting information as to whether the refund would also be applied to his building. For this service to make a finding as to whether the service charges should be refunded, we would have to assess whether the service charges were fair, and this would be outside of this services jurisdiction to determine.
  3. The resident should contact the FTT if he wishes to dispute the service charges as ultimately, they will have the power to decide whether a refund should be applicable.