Town and Country Housing (202316220)

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REPORT

COMPLAINT 202316220

Town and Country Housing

27 August 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 costs associated with the resident’s permanent decant from her 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, in accordance with paragraph 42n 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 has an assured non-shorthold tenancy with the landlord. The property is a 2-bedroom end of terrace house. The landlord’s records showed the resident has limited mobility due to Huntingdon’s disease.
  2. In April 2023 the resident was advised she would need to be permanently decanted from her property. The landlord said a permanent decant was needed due to a large amount of work required on her property and the length of time the work would take to complete.
  3. The resident raised her complaint with the landlord on 9 May 2023. The resident stated she had recently paid for work to be done in the garden which she would not have carried out if she had known she was moving. The resident wanted these costs reimbursed. She also requested help with the move, for the new property to be redecorated, and new carpets fitted.
  4. The landlord issued its stage 1 response on 25 May 2023. It stated it would help to ensure the move went smoothly and would provide removal services, carpets, and redecoration of the new property. In following emails, the landlord clarified it would also reimburse the resident for the work she had paid to be carried out in her garden. The resident escalated her complaint on 20 June 2023 as she wanted compensation for the stress and anxiety the move would cause her and her daughter.
  5. The landlord issued its stage 2 response on 13 July 2023. It apologised that compensation was overlooked in its stage 1 response. The landlord awarded the resident a home loss payment of £7,800 in line with its policy. It said the payment would be made once the move had been completed. The landlord also offered the resident £200 compensation for the inconvenience she had experienced.
  6. The resident contacted this Service as she was dissatisfied with the final response from the landlord. She was seeking £10,000 in compensation for the upset and stress she thought a permanent decant would cause her and her daughter. Subsequently, the permanent decant did not go ahead and the resident has not been required to permanently move out of her property.

Reasons

  1. Paragraph 42n of the Scheme states that the Ombudsman may not consider complaints which, “concern matters which, in the Ombudsman’s opinion, do not cause significant adverse effect to the complainant”.
  2. The resident’s complaint was regarding the costs associated with a permanent decant. She explained that she sought further compensation as she did not believe that the landlord’s award was sufficient to recognise the distress and inconvenience that the decant would have caused. However, this Service has been advised that a permanent decant did not take place. Therefore, the Ombudsman has taken the decision not to investigate the matter as the adverse effect that the resident was seeking recognition for did not materialise.