Notting Hill Genesis (202013079)

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REPORT

COMPLAINT 202013079

Notting Hill Genesis

22 September 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 complaint concerns the landlord’s refusal to grant permission for the property to be converted.

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 was previously a leaseholder with Genesis, which merged with Notting Hill Housing to form Notting Hill Genesis.
  2. In April 2018 the resident enquired about splitting his two bedroom flat into two separate one bedroom flats. In June 2018 Genesis provisionally granted permission subject to planning permission for the works to take place. Prior to planning permission being granted, the landlord went through a merger to become Notting Hill Genesis. In September 2019 and following the merger, Notting Hill Genesis explained that it would not be possible to convert the property and, refused to grant permission. The resident raised a complaint.
  3. The resident acknowledged that the lease set out that they required permission from the landlord before undertaking any work to alter the property. However, their position was that this had already been granted by Genesis prior to the merger. 
  4. Notting Hill Genesis provided a final response to the complaint on 29 June 2021, refusing the resident permission. However, it acknowledged that there had been miscommunication on its part and offered compensation plus a refund of fees the resident had incurred.
  5. The landlord’s stage one response to the complaint set out in greater detail because it was unable to provide permission. It explained that the resident’s lease prohibits them from using the property as anything other than “a private residence for occupation by a single household”. Furthermore, the landlord explained that the resident’s lease sets out that they may not “assign, underlet, charge, mortgage or part with possession of part only of the Premises”.
  6. The resident brought their complaint to this Service explaining that they understood what the landlord has explained about their lease but believe its earlier agreement to allow them to develop their property should be binding.

Reasons

  1. Paragraph 39(i) of the Housing Ombudsman Scheme states that:

The Ombudsman will not investigate complaints which, 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;

  1. The resident’s complaint concerns whether or not the landlord must grant them permission to convert their property into two separate flats, based on the agreement made prior to its merger.
  2. The landlord’s position is that the terms of the lease are clear. The property cannot be used to house more than one household, and it cannot be separated and assigned in part. The landlord therefore withdrew permission to split the property , pointing out that work cannot be carried out without its permission.
  3. The resident believes that they have already been given permission, which they state should be honoured by the landlord.
  4. Resolving this complaint requires a decision on the following points:
    1. Whether the resident was granted permission to convert their property and, if so, whether this is binding on the landlord.
    2. Whether the landlord’s interpretation of the lease is correct and has the right to withhold permission.
  5. This Service cannot issue a binding decision about a dispute concerning the meaning of or enforceability of a contract, this is a matter for the Court. Therefore, in accordance with paragraph 39(i) this is not a complaint that the Ombudsman can investigate further.
  6. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use.

www.citizensadvice.org.uk

https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61

https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber