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The Riverside Group Limited (202108359)

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REPORT

COMPLAINT 202108359

The Riverside Group Limited

14 October 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 concerns the increase in service charges.

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 submitted a complaint to the landlord stating concerns, in respect of the increase in service charges. The resident considered that the increase in service charge was equivalent to an increase in rent which he felt was contrary to government guidelines. The resident stated that the service charge increase was disproportionate, and the timing of the increase was insensitive given the COVID-19 pandemic.
  2. The landlord provided a final response to the complaint on 11 May 2021. It explained that it operated a variable service charge regime. The landlord stated that the charges are based on the current contract cost for providing the service. The landlord provided a summary showing the variance in cost for each service. The landlord explained that the resident had exhausted its complaint handling procedure.
  3. The resident brought their complaint to this Service and explained that he did not consider that the service charge increase was reasonable.

 

Reasons

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

            concern the level of rent or service charge or the amount of the rent or service charge increase;

  1. The resident’s complaint turns on their belief that the service charge increase is too high. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of service charges or their increase.
  2. If the resident remains dissatisfied with this issue, they may wish to seek further assistance from Shelter or Citizens Advice, and their complaint may be one that the First-tier Tribunal can consider.

www.shelter.org.uk

www.citizensadvice.org.uk