Clarion Housing Association Limited (202327224)

Background

1. The resident lives in a room in an assisted living facility with 2 other tenants, while a fourth room accommodates support staff. He has learning differences and is represented by his sister. For ease, both are referred to as “the resident.” A managing agent provides support services at the facility, and the landlord handles the rent and service charge administration. In 1995, the resident signed a tenancy agreement with the then current housing provider and managing agent. In 2023, it emerged that the section of the agreement detailing chargeable services was missing. The resident also discovered that costs had been divided among the 3 tenants only.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s concerns about his service charges, including:
   1. Whether the costs are reasonable.
   2. How the costs are divided.
   3. Whether all the services are necessary.
   4. Whether there is clear evidence showing which services he is responsible for.

Our decision (determination)

3. We have decided that the resident’s complaint about his service charges is outside of our jurisdiction.

Reasons

4. Our Scheme states that we may not investigate complaints where it would be quicker, fairer, more reasonable, or more effective to seek a remedy through the court, tribunal, or other procedure. After careful consideration of what the resident would like us to investigate and the outcomes he seeks, we have decided that this complaint would be better suited to consideration by the First Tier (property) Tribunal [FTT].
5. In this case, the tribunal is better placed to handle the service charge issue because it may be able to achieve all the outcomes the resident is seeking. The FTT, unlike our service, can determine what charges are reasonable, how they should be divided, and who is responsible for paying them. For these reasons, we have decided not to investigate the resident’s complaint about service charges.