Sanctuary Housing Association (202100074)

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REPORT

COMPLAINT 202100074

Sanctuary Housing Association

14 February 2022


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 level of rent at 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.
  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 is a tenant of the landlord and has an affordable rent tenancy.
  2. The resident raised a complaint to the landlord that the level of rent at their property was too high. The resident explained that they understood that nearby properties were rented out at a lower amount than the rent set for their property.
  3. The landlord issued its final response on 25 June 2021. It explained that the resident’s property had been rented under an Affordable Homes Programme, and that “affordable rent” tenancies may be more expensive than “social rent” tenancies of neighbouring properties. The landlord explained that it was satisfied that the level of rent the resident paid was correct.
  4. The resident’s complaint was referred to this Service by their MP in December 2021.

Reasons

  1. Paragraph 39(g) of the Scheme states that:

‘The Ombudsman will not investigate complaints which: concern the level of rent or service charge or the amount of the rent or service charge increase’

  1. The resident complaint concerns the level of rent charged for their property. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of rent.
  2. If the resident remains dissatisfied with this matter, they may wish to seek further assistance from Shelter or Citizens Advice.

www.shelter.org.uk

www.citizensadvice.org.uk