One Housing Group Limited (202014479)

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REPORT

COMPLAINT 202014479

One Housing Group

19 April 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 is about the increase 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. On 7 October 2020, the resident complained to the landlord about the increase of service charge costs over the past few years. The resident also complained about the administration of their service charge account, the level of communication from the landlord regarding this and other matters, the standard of cleaning in the communal areas and the level of maintenance to the lift.
  2. On 13 November 2020, the landlord provided its final response to the complaint. In response to the complaint about the rise of service charge costs, the landlord explained that the service charge year operates in overlapping eighteen-month cycles and that its calculations for the coming year are based on the previous year’s spending, known maintenance contract costs, and provisions for occasional works. As well as an increase for inflation. It also explained that it bases its calculations for the coming year on the last six months of the eighteen-month cycle to ensure that residents only pay for services that are provided each year.
  3. On 19 February 2020, the resident brought their complaint to the Ombudsman via our online complaint form. They explained that they are dissatisfied with the continual increase of service charge since buying the property in 2012 and wanted to confirm whether this was justifiable.

Reasons

  1. The Housing Ombudsman Scheme sets out the types of complaints which the Ombudsman can and cannot consider.  Paragraph 39 of the Scheme states that the Ombudsman will not consider complaints:

 

(g) which concern the level of rent or service charge or the amount of the rent or service charge increase.’

 

  1. The Housing Ombudsman Service cannot consider this complaint because it concerns the increase of the service charge, and we are unable to make binding decisions about the amount or reasonableness of the service charge increase.

 

  1. The First Tier Tribunal (Property Chamber) is the appropriate body to consider whether the increase of service charge is reasonable and supported by the appropriate evidence. And it can make a binding decision about the level of the service charge and whether it is reasonable to increase it.

 

  1. This complaint is therefore outside the Ombudsman’s jurisdiction to consider in accordance with paragraph 39 (g) of the Scheme. Details for the Tribunal are as follows:

 

The First-Tier Tribunal (Property Chamber)

10 Alfred Place

London

WC1E 7LR

 

Email: rplondon@hmcts.gsi.gov.uk

Telephone 0207 446 7700