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Royal Borough Of Greenwich (202408593)

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REPORT

COMPLAINT 202408593

Royal Borough Of Greenwich

28 January 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 handling of repairs to the property.

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.

 

  1. After carefully considering all the evidence, in accordance with paragraph 41(c) of the Scheme, this Service has determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident lives in the property, owned by the landlord, under a secure tenancy. The property is a 1-bedroom ground floor flat.

 

  1. The resident started a disrepair claim against the landlord in 8 March 2023. She subsequently raised a complaint to the landlord on 4 September 2023. She said there was a damp problem that had not been fixed before she moved in as she had been told.

 

  1. The landlord sent its stage 1 response on 10 October 2023 and the resident asked for the complaint to be escalated on 22 October. The landlord sent its stage 2 response on 18 January 2024. It said that the resident had been declining repair work for the damp and mould due to the ongoing disrepair claim.

 

  1. The resident’s solicitor arranged for a surveyor to inspect the property and a report was compiled on 12 September 2023. Her solicitor told her the landlord had agreed to settle her disrepair claim on 31 October 2023.

 

  1. As work had not been completed as agreed, on 15 March 2024 the court arranged a hearing for damages on 27 June 2024. However, on the same day a Tomlin order was issued for the hearing to be vacated and action stayed on the basis the landlord would pay further damages.

 

  1. As the landlord had still not carried out repairs, on 11 September 2024 the resident’s solicitor filed particulars of claim and sought an injunction order for damages. On 11 October 2024 the case was transferred to a county court and became a defended claim.

Reasons

  1. Paragraph 41(c) of the Scheme states that the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given.

 

  1. The resident’s complaint is about outstanding repairs at the property. This Service has considered the details of the resident’s complaint and the details of her disrepair claim as set out in documents submitted to the court. The repairs in the complaint are the same as those that the court will consider in due course. In accordance with paragraph 41(c) of the Scheme, the complaint relating to the landlord’s handling of repairs at the property is not one which this service can consider.