Lambeth Council (202008325)

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REPORT

COMPLAINT 202008325

Lambeth Council

10 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 landlord’s response to the resident’s query about a change in the terms of the tenancy agreement (where all charges were inclusive in the rent amount).
  2. The landlord’s handling of reports of boiler issues resulting in no heating or hot water in the property.

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. On 25 July 2020, the resident pursued a complaint with the landlord in relation to a disrepair claim that was made in January 2020 about pest infestation in the property, of which the landlord had settled in April 2020 with his solicitors. The resident complained that the landlord had not complied with the settlement agreement, namely pay the sum of £500, minus the rent arrears, the landlord provided its final response to this complaint on 6 October.
  2. There is no reference to either the change in tenancy terms or the heating and hot water issue within this complaint. The complaint purely focuses on the landlord’s compliance with the agreement reached within the disrepair claim. As such the matters the resident complains of has not been raised as a formal complaint with the landlord and therefore has not completed the landlord’s internal complaints procedure,

Reasons

  1. Paragraph 39a of the Housing Ombudsman Scheme states ‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale’.
  2. The landlord needs to be given the opportunity to formally consider the issues raised, in order to self-assess whether there has been any failure on its part and act accordingly to resolve this.
  3. The Ombudsman must note that should the resident wish to now pursue the complaint formally, given the passage of time since matters relate to, the complaint will remain outside the Ombudsman’s jurisdiction. This is in line with paragraph 39d of the Housing Ombudsman Scheme which states ‘‘The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising’.
  4. Given that the issues complained of relate to matters from 2019, raising the complaint at this stage will be more than 6 months after the matters arise and outside of the Ombudsman’s jurisdiction.