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Orbit Group Limited (202328352)

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REPORT

COMPLAINT 202328352

Orbit Group Limited

13 June 2025

 

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 landlord’s:
    1. administration and explanation of the service charge account and the standard of service provided.
    2. response to concerns about parking restrictions.

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, we have determined that the complaints, as set out above, are not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident is the freehold owner of the property, a house. He purchased the property in October 2015. He pays a service charge to the housing association for services related to the estate, such as grounds maintenance.
  2. The resident raised a complaint with the housing association on 9 June 2023 about parking restrictions. And concerns related to his service charge account and the service being provided.
  3. The housing association responded to the complaint at stage 1 of its complaints process on 6 September 2023. It said that the parking restrictions would remain in place until the local authority adopted the land. It provided the resident with a copy of his service charge statement and said it would visit the area to assess the standard of maintenance.
  4. The resident asked to escalate the complaint. He was unhappy with the level of ground maintenance being carried out and felt he was being charged for services that were not provided. He also requested clarification on the housing association’s position regarding the parking restrictions.
  5. The housing association issued its stage 2 final response on 1 November 2023. It advised that it had arranged to clear the litter. It explained some of the service charge costs and made adjustments where there was an error. It said this would be reflected as a surplus in the next budget and would not be included in future. It said that parking on the street while restrictions were in place would likely lead to a parking ticket.
  6. The resident remained dissatisfied with the housing association’s response and asked us to investigate the complaint.
  7. The housing association provided this Service with evidence that shows the resident is the owner of the property. We have also reviewed information on the land registry website. This confirms the resident is a freeholder. There is no evidence to show that a landlord/tenant relationship existed from the outset of the complaint.

Reasons

  1. Paragraph 25.a. of the Housing Ombudsman Scheme (the Scheme) states that the following people can make complaints to the Ombudsman about members: A person who is or has been in a landlord/tenant relationship with a member. This includes people who have a lease, tenancy, licence to occupy, service agreement or other arrangement to occupy premises owned or managed by a member. If the complaint is made by an ex-occupier, they must have had a legal relationship with the member at the time that the matter complained about occurred.
  2. The documents provided to the Service, as stated above, show that the resident is the owner of the property. Therefore, the complaint is outside our jurisdiction. The resident is a freeholder and was not in a landlord/tenant relationship with the housing association at the time of the complaint. 
  3. It is noted that the resident pays service charges to the housing association, but the housing association is not his landlord, as he owns the property. Paragraph 25.a. is a mandatory ground for accepting complaints within our jurisdiction. The complaint, as defined above, is therefore not within the Ombudsman’s jurisdiction.
  4. The resident may wish to consider contacting Citizens Advice or the First Tier Tribunal (Property) Chamber for advice on how to pursue the complaint. Citizens Advice can be contacted on 0800 144 8848, and their website is www.citizensadvice.org.uk. Information about the First Tier Tribunal (Property) Chamber can be found at First-tier Tribunal (Property Chamber) – GOV.UK