Lambeth Council (202119553)

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REPORT

COMPLAINT 202119553

Lambeth Council

2 March 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 level of service charges incurred following a boiler installation.

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.

Background information

  1. The resident was a leaseholder and sold the property in February 2021. The resident says they were advised by the Council that they would need to pay any outstanding service charges for the sale to be permitted.

Summary of events

  1. Following several queries to the council concerning the boiler service charges, the resident raised a formal complaint to the Council in August 2021. They complained that they had not been reimbursed for service charges related to the installation of the boiler and that they should only be liable for the decommission costs.
  2. On 18 October 2021, the Council issued its final response. It explained that the final bill for costs had not yet been issued and referred the resident to this service if they remained unhappy.

Reasons

  1. Paragraph 39 (g) 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;
  2. The crux of the complaint is about whether the resident is entitled to any refund of charges related to the boiler works and ultimately is a dispute about whether the charges are correct. The Ombudsman won’t usually investigate matters relating to the level or reasonableness of service charges as per the above paragraph of the Scheme.
  3. This is also because leaseholders can apply to the First-Tier Tribunal to contest the level and reasonableness of a service charge. The First Tier Tribunal (Property Chamber) is the appropriate body to consider the service charges as they can make a legally binding decision. Therefore, the complaint is outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (g) of the Scheme.
  4. Further details for the FTT can be found at the link below:

First-tier Tribunal (Property Chamber) – GOV.UK (www.gov.uk)