London Borough of Redbridge (202230183)

Back to Top

REPORT

COMPLAINT 202230183

London Borough of Redbridge

26 September 2024


Our approach

  1. What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the 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. 
  2. 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 issuing a notice to end the resident’s temporary accommodation.

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

  1. The resident had a lease agreement for temporary accommodation under s193 Housing Act 1996. The lease began on 23 February 2017.
  2. The temporary accommodation was offered to the resident by the local council, under a homeless application. A management agent managed the accommodation on behalf of the local council.
  3. The management agent served an abandonment notice on the property on 4 August 2022.
  4. On 22 August 2022 the resident raised a complaint to the local council as she felt its actions amounted to harassment and trespass. The local council did not uphold the resident’s complaint.
  5. The resident approached the Ombudsman on 29 March 2023 as she was unhappy with the outcome of her complaint. It was recorded that the resident had a secure tenancy. In May 2024 the landlord provided its evidence which included the resident’s lease agreement.
  6. The resident asked the Ombudsman to also investigate the landlord’s handling of its offer of social housing in August 2022.

Reasons

  1. Paragraph 41.d. of the Scheme states that the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters in respect of local housing authorities in England which do not relate to their provision or management of social housing, or the management of dwellings which they own and let on a long lease.
  2. The resident’s complaint was about the local council issuing notice to end her temporary accommodation, which was offered to her under a homeless application. This was outside the local authority’s provision or management of social housing. Therefore, in accordance with paragraph 41.d. of the Scheme, the Ombudsman cannot investigate this complaint further.
  3. The resident could contact the Local Government and Social Care Ombudsman to investigate her complaint.
  4. The resident asked the Ombudsman to investigate the landlord’s handling of its offer of social housing in August 2022. Under 42.a. of the Scheme the Ombudsman may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure. As the resident did not raise this issue in her complaint to the landlord, in accordance with paragraph 42.a. of the Scheme, the Ombudsman cannot investigate this complaint further.