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Metropolitan Housing Trust Limited (202200171)

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REPORT

COMPLAINT 202200171

Metropolitan Housing Trust Limited

23 June 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. A parking bay not having been included in the resident’s lease agreement when they purchased their 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 19 October 2021, the resident made a formal complaint to the landlord stating that their property was supposed to be sold with a parking space.
  2. On 10 November 2021, the landlord issued its stage 1 response to the complaint stating that the resident’s property was not sold to them with a parking space included.
  3. On 19 January 2022, the resident asked the landlord to escalate the complaint and explain why parking spaces have been included in other resident’s leases.
  4. The landlord issued its stage 2 response on 14 April 2022, in which it confirmed that a parking bay does not form part of the resident’s lease, and that it would not be providing one.
  5. The resident referred their complaint to this Service on 20 April 2022, they explained that they disagree with the landlord’s decision and believe a parking space should have been included in the sale.

 

Reasons

  1. Paragraph 39(i) 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;
  2. The resident’s complaint concerns whether a parking space was included when they purchased their property.
  3. The property sales process is a formal and legal one. There are rules and regulations about the information provided to prospective buyers, and solicitors play an important role in advising and guiding their clients in the process. Where there is a dispute about this, the Courts can cross examine and call expert witnesses and can make legally binding judgements on the parties involved in the sale. The Ombudsman does not have the authority or remit to make judgments about whether or not a parking space was included as part of the resident’s purchase of the property and cannot issue a binding decision about this. I am satisfied that this matter is better suited for the courts and is not a complaint the Ombudsman will investigate.

 

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