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Nehemiah United Churches Housing Association Limited (202011019)

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REPORT

COMPLAINT 202011019

Nehemiah United Churches Housing Association Limited

20 October 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 landlord’s administration of the resident’s service charge account.
  2. The landlord’s response to the resident’s concerns about the reasonableness and legitimacy of service charges.

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 resident is an assured tenant of the landlord.
  2. In a call to the landlord on 9 October 2020, the resident raised concerns about the service charges levied. On 13 October 2020, a letter acknowledging the call was sent to the resident confirming that a service charge breakdown for the previous three years would be sent. A copy of the complaints procedure was sent with the letter.
  3. The resident contacted this service on 24 December 2020, asking for help concerning the level of services charges and the quality of the services being paid for. The resident raised concerns that the condition of the estate did not reflect the level of service charge she was paying and that it was not clear what grounds maintenance services consisted of. The resident stated the service charges were not being managed correctly, that charges were being invented that are the responsibility of the landlord and that she had not received any invoices in relation to service charges.
  4. This Service contacted the landlord on 26 February 2021, asking that the landlord issue a response to the resident’s complaint and for the landlord to provide a full breakdown of the resident’s service charges, including grounds maintenance charges. In response, the landlord sent a stage one acknowledgement to the resident on 4 March 2021.
  5. A stage one response was sent on 26 March 2021. The landlord confirmed that it had provided the resident with the service charge information as requested in the complaint. The landlord also phoned the resident on 19 March 2021 to discuss the information provided. The response detailed a further conversation between the landlord and tenant on 23 March 2021, in which the resident advised they still had concerns about the service charges levied which they believe are too high. The resident further advised they wanted reassurance from an independent body that the landlord could charge for services carried out to the estate, such as grounds maintenance.
  6. The resident responded on 4 April 2021, raising concerns about charges which were not mentioned in the stage one response including charges for pest control in individual properties, fencing and removal of rubbish. The resident states there is little to show on the estate for the monies she pays through service charges.
  7. The landlord issued a final response on 14 April 2021. The landlord confirmed that it reviews service charges and costs on an annual basis and advised it will monitor the quality of gardening services with a view to improving. It advised the resident that it considers costs for rubbish removal, communal fencing and gates as grounds maintenance and so these costs are applied as a service charge to residents. The landlord confirmed it would reimburse residents for the cost of guttering maintenance. In response to the resident’s concerns about the clarity of service charges, it also explained all service charge statements would be available online for residents to view.
  8. In a call to this Service on 15 April 2021, the resident advised she had received a final response and that she had been in contact with the First Tier Tribunal. The resident raised concerns about the level of service charges she has been asked to pay. The resident provided this Service with a copy of the landlord’s final response on 23 April 2021. The resident advised she was dissatisfied with the landlord’s response as she was seeking greater transparency about charges from the landlord. The resident advised she is seeking for the landlord to provide an explanation for the reason for each charge and what the charge covers.
  9. The resident submitted a claim to the First Tier Tribunal on 28 May 2021. This was received by the Tribunal on 2 June 2021 and then served on the landlord.
  10. In a call with this Service on 13 August 2021, the resident explained she believes there is a lack of clarity over the charges and reasons for increases have not been communicated to residents. The resident confirmed she had contacted the First Tier Tribunal.
  11. The landlord’s legal team contacted this Service on 3 September 2021. The legal team noted that the matters brought as a complaint to this Service overlap with the issues raised within the application to the Tribunal.
  12. On 20 September 2021, the landlord provided this Service with copies of claims submitted by the resident to the First Tier Tribunal. This included an application for a determination of liability to pay and reasonableness of service charge which was received by the landlord on 2 June 2021. In the application to the Tribunal, the resident listed all service charges for the length of her tenancy as being the subject. The resident raised comments about whether tenants should be liable to pay for grounds maintenance and general upkeep of the estate.
  13. In the schedule attached to the claim, the resident raised concerns about gardening and maintenance charges, explaining she believes it is difficult to see where the monies are spent on the estate. The resident raised concerns about being charged for pest control in individual properties and concerns about the reasonableness of other charges.

Reasons

  1. Paragraph 39(h) of the Scheme states that:

 

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;

 

  1. The landlord provided this Service with a copy of the resident’s claim to the First-tier Tribunal. This was an application for a determination of liability to pay and to assess the reasonableness of service charges, which included comments about whether tenants should be liable to pay for grounds maintenance and other service charges. The complaint the resident brought to this Service concerns the same issues as those brought by the resident to the First Tier Tribunal.
  2. As the complaint is the subject of legal proceedings, it is not within the Ombudsman’s jurisdiction to consider further.