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South Devon Rural Housing Association Limited (202314091)

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REPORT

COMPLAINT 202314091

South Devon Rural Housing Association Limited

11 June 2025

 

Our approach

What we can and cannot consider is governed by the Housing Ombudsman Scheme (the Scheme). The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that do not meet the requirements of the Scheme.

In deciding whether a complaint is one they can consider; the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The resident’s complaint is about the removal of personal belongings from her garage by the landlord.

Outcome

  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, the resident’s complaint does not meet the definition of a ‘complaint’ as set out in paragraph 34.a of the Scheme. The Ombudsman is therefore unable to consider this complaint.

Summary of events

  1. On 13 November 2023 the resident complained to the landlord that it had removed items from her garage. She said she wanted compensation for the items it had removed.
  2. The landlord responded and explained that, in accordance with its complaints policy, her complaint was being dealt with as an insurance claim and as such would not be considered through its complaints process.
  3. Additionally, it said its insurance company was assessing her claim. It also said it had asked its insurers to reach a prompt resolution.

Reasons

  1. Paragraph 34.a of the Scheme states:

34. A complaint:

a. relates to the actions or omissions of a member which, in the Ombudsman’s opinion, have affected the complainant in respect of their application for, or occupation of, property.

  1. In this case the resident holds a separate contractual agreement for the use of her garage, which is unconnected to her tenancy agreement for her home. Consequently, the matter complained about does not affect her occupation of that property and, therefore, does not meet the definition of a ‘complaint’ which the Ombudsman can consider.