Southwark Council (202103621)

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REPORT

COMPLAINT 202103621

Southwark Council

22 September 2021


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 resident’s liability for rent arrears.

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 was in a joint tenancy with their former partner.
  2. The landlord provided this Service with a copy of the order for possession, dated 15 December 2016, in which the court ordered the resident to give the landlord possession of the property and pay £7093.58 to the landlord.
  3. The resident’s tenancy was terminated by the landlord on 2 April 2017. The landlord took vacant possession of the property on 29 March 2017 and has provided this Service with a copy of the notice of appointment for possession of the property, dated 12 January 2017.
  4. The resident made a complaint to the landlord stating that they did not believe they should be liable for rent arrears. They explained that they were imprisoned between 2015 and 2020, therefore it was unfair to charge them rent.
  5. The landlord issued a final response on 16 March 2021. The landlord confirmed the resident held a joint tenancy with their partner and was therefore liable for rent for the duration of the tenancy. It stated the resident had the option to relinquish their tenancy whilst imprisoned, however the landlord advised the resident did not make contact and so the landlord determined that the resident is liable for the arrears.
  6. The resident provided this Service with a copy of the landlord’s final response on the 13 May 2015.

Reasons

  1. Paragraph 39h of the Scheme states that…

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings;

  1. The landlord provided this Service with a copy of the court order from 2016, demonstrating that it took legal action against the resident due to rent arrears, and that the tenancy was ended by eviction in 2017. The Court issued an order that the resident was liable for the arrears accrued until the tenancy was ended.
  2. The Housing Ombudsman has no power to overturn a decision made by the Court. Therefore, in accordance with paragraph 39h of the Ombudsman’s scheme, I am satisfied that this complaint is not within our jurisdiction to consider further.
  3. I am aware that this is likely to be a disappointing outcome for the resident, particularly as the resident advised they are trying turn their life around after time in prison and that this issue is causing them substantial concern. The resident may wish to seek legal advice about the possibility of appealing the Court order.