Origin Housing Limited (202402061)

Background

1. The resident lives in a two-bed purpose built flat located on the top floor (2nd floor) of the building.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s reports of:

1. damp and mould in the property,
2. repairs to the roof and ceiling in the bedroom,
3. inadequate complaint-handling.

Our decision (determination)

3. We have found the complaint is outside of our jurisdiction and as a result, we have not investigated it.

Reasons

4. We are not free to investigate all complaints referred to us. What we can and cannot consider is set out in the Housing Ombudsman Scheme and is called our jurisdiction.
5. Under our scheme rules, the Ombudsman cannot investigate complaints which are also subject to legal proceedings or where matters at court are connected so closely to the complaint, they cannot be separated.
6. In this case we can see legal proceedings were issued at Hertford County Court and Family Court on 13 March 2025. The matters at court relate to damp, an active leak to the roof of the building and an active leak to the ceiling of the master bedroom.
7. A letter of claim was submitted on behalf of the resident(s) on or around 8 September 2024. The claim form sets out the particulars of claim in which the landlord did not adhere to the express repairing terms as laid out in the tenancy agreement and the implied terms under Section 11 of the Landlord and Tenant Act 1985. The particulars of claim also state the landlord did not ensure that repairs undertaken were done so adequately, and with reasonable care and skill.
8. The resident’s dissatisfaction with the landlord and its response to his concerns is noted. However, as the issues at court and the complaint to this service are substantially the same. The Ombudsman does not have the jurisdiction to investigate these matters under the Scheme.