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GreenSquareAccord Limited (202439567)

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REPORT

COMPLAINT 202439567

GreenSquareAccord Limited

17 June 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 the landlord’s handling of:
    1. Repairs to the resident’s kitchen.
    2. The resident’s reports of damp and mould.

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. The resident is an assured tenant of the landlord. She has declared that she has mental health issues and other ill health.
  2. The resident made a formal complaint to the landlord on 12 September 2024. She complained about unresolved damage to her kitchen units and damp and mould following a leak.
  3. The landlord issued its final response on 20 November 2024. It said that its planned delivery manager had not approved a new kitchen. It had only installed it in 2017 and has since replaced the work surfaces. It agreed to replace 2 base units and carry out a mould wash before installing them. It acknowledged the resident had received poor service and communication. It increased a previous offer of £125 compensation made at stage 1 of its complaints process to £275. This was for the delays in addressing the repair issues.
  4. The resident was not satisfied with the landlord’s response and escalated her complaint to this Service. She said the repairs offered were insufficient. She felt she needed a new kitchen. She said the worktops replaced the previous year had rotted already and her washing machine was the only thing holding up the sink.
  5. Documents provided to this Service indicate that on 10 April 2024 the resident submitted a housing disrepair claim for ‘damages and specific performance’ to the county court.

Reasons

  1. Paragraph 41.c. of the Housing Ombudsman Scheme (the Scheme) states that the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters that are the subject of court proceedings or were the subject of the court proceedings where judgement on the merits was given.
  2. The landlord advised this Service, on 2 June 2025, that legal proceedings had commenced. It provided evidence that the county court had received a housing claim for disrepair. Based on the claim number, particulars of claim and the defence, we are satisfied that legal proceedings have been issued.
  3. The resident’s complaint to this Service was that work the landlord had proposed to remedy the damage to her kitchen and the damp and mould were not adequate. The documents provided by the landlord demonstrated that the matters being addressed in court relate to the same issues raised in her complaint to us.
  4. In accordance with paragraph 41.c. of the Scheme, the matter is now outside of this Service’s jurisdiction and is a matter to be decided by the courts.