Hyde Housing Association Limited (202103486)

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REPORT

COMPLAINT 202103486

Hyde Housing Association Limited

30 September 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.

The complaint

  1. The complaint is about the landlord’s handling of the residents’ request to change parking bays by varying their lease.

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 residents are shared owners and moved into their property in 2017. Their purchase of the property also included a specific parking space which is set out in their leasehold agreement.
  2. Following a change in their circumstances, the resident requested that the landlord provide them with a different parking space which is currently allocated to the owner of another property.
  3. The residents raised a complaint to the landlord about receiving conflicting information about the possibility of swapping parking bays outside their home.
  4. The landlord issued a Stage One response on 5 May 2021. The landlord agreed that it could have provided the correct information to the residents sooner. The landlord confirmed on the 1 March 2021 that the residents’ lease states the parking space allocated to them is at the side of the property, and as this is a legal document, the landlord is not able to amend this. The landlord also explained that it had no parking spaces available at the front of the residents’ property.
  5. The residents contacted this Service on 12 May 2021. The residents confirmed that their complaint concerned their request to change parking bays for a space located at the front of their property which is more suitable for their needs. The residents explained that the parking space they requested is currently used by their neighbour and acknowledged that changing this would require both parties leases to be altered.
  6. The residents called this Service on 12 July 2021 and advised the resolution they are seeking is for the landlord to reallocate the parking spaces at their property. The resident restated this is necessary due to current accessibility issues.
  7. The landlord issued a final response on 21 July 2021, detailing that it would not be escalating the residents’ complaint. The landlord explained this is because the resident had not presented new information in support of the escalation.
  8. The residents referred the matter to this Service for investigation on 21 July 2021, explaining they were dissatisfied as they believe the landlord is dismissing their disabilities by not agreeing to a change in the lease. The residents explained that a swap would allow the residents direct level access to their car.
  9. In a call to this Service on 18 August 2021, the residents stated there are parking spaces available and that they wished to swap with their neighbour as they are able bodied. The residents explained they feel their disability needs have been dismissed by the landlord as a change in the lease would accommodate level access to the car from their property. The residents stated the landlord had not provided an adequate explanation as to why it would not agree to a change in the lease. The residents disputes that there is no available parking.

Reasons

  1. Paragraph 39i of the Scheme states that,

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, 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 residents confirmed that the resolution they are seeking is for the landlord to alter their leasehold agreement and their neighbour’s leasehold agreement to reallocate the parking spaces outside their property.
  2. The landlord’s position is that the leasehold sets out which space the resident purchased, and that the space they wish to adopt is owned by someone else.
  3. The leasehold is a legal agreement between the landlord and the residents. This Service does not have the power to order either party to alter this agreement or accept an alteration. Furthermore, the Ombudsman does not have the power to order the residents’ neighbour to relinquish the space they own or to order the landlord to take it from them. Therefore, this Service cannot investigate this complaint.
  4. If the residents wish to pursue this matter further, they may wish to seek their own independent legal advice. More information can be found at The Leasehold Advisory Service: How can I change the terms of my lease as a leaseholder? – The Leasehold Advisory Service (lease-advice.org)