Southern Housing Group Limited (202223653)

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REPORT

COMPLAINT 202223653

Southern Housing Group Limited

16 April 2024


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 the resident’s reports of damp and mould.

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, I have 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 4th floor flat.

 

  1. Following roof repairs carried out on 4 October 2022, the resident complained to the landlord on 8 November 2022 about mould in the property. He said that the mould was making him ill and that he had lost access to his daughter as the property was not deemed fit for her to visit him. On 6 January 2023 the resident told the landlord that he would be withholding rent until the damp and mould issue was resolved.

 

  1. The landlord tried to arrange an inspection in January and February 2023, however it was unable to gain access on several occasions. An inspection took place on 18 April 2023, which identified that a roof inspection was required, and internal repair work was needed, including mould washing. The landlord’s contractors carried out further roof repairs on 15 May 2023, and internal work was carried out on 19 June 2023.

 

  1. Meanwhile, in May 2023 the landlord applied to the courts for a possession order due to rent arrears that had built up due to the resident withholding rent. On 17 May 2023 the resident’s solicitor wrote to the landlord to raise a disrepair counterclaim as his defence for not paying his rent. The claim was for the same repairs as those raised in the complaint. On 27 November 2023 the court made a judgement that included settlement of the disrepair counterclaim. The court ordered the landlord to pay £3,000 of damages in full and final settlement of the counterclaim, subject to set-off against any rent arrears.

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 the damp and mould in the property, and the court judgement shows that the court has considered this. As a court judgement has already been made, this is not a complaint that the Ombudsman can consider.