Wandle Housing Association Limited (202100169)

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REPORT

COMPLAINT 202100169

Wandle Housing Association Limited

6 April 2023

 

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 how the landlord handled the resident’s request for compensation to damaged window shutters in 2018.

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. In March 2018 the landlord installed new windows in the property as part of their 17/18 External Envelope Programme.
  2. The landlord confirmed the resident’s shutters had been taken down prior to the new windows being installed in March 2018.
  3. The resident complained to the landlord on 27 September 2020 about their shutters being damaged after the landlord took them down to install new windows. The resident is not happy that the landlord has not reinstalled the shutters or provided compensation to replace them.
  4. The landlord’s stage one response dated 6 May 2021 referred to a letter that was sent to the resident on 22 January 2018. The landlord states this letter explained it was the resident’s responsibility to prepare the window area for the installation of the new windows by removing the shutters. The landlord advised it had made arrangements to assist the resident with the take down of the shutters as a gesture of goodwill and the resident was told the landlord would not be liable for any damage. The landlord advised they would not be compensating the resident for the damage to or replacement of the shutters.
  5. The landlord provided the resident with a stage two response on 12 October 2021. Their response stated that following an inspection of the windows in July 2018, the resident was advised the landlord would not be able to reinstall the shutters. The landlord advised it was made clear to the resident prior to the shutters being taken down, that if she accepted assistance, the landlord would not be liable for any damages.
  6. The resident contacted the Housing Ombudsman about the landlord’s final decision to not reinstall the shutters it had taken down or to pay for the replacement of the shutters. The resident would like the landlord to pay for the cost of having new shutters installed.

Reasons

  1. Paragraph 42(c) of the Scheme states that:

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion: (c) were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 6 months of the matters arising.

  1. This is because, with the passage of time, a reliable determination cannot be made on historical events. The landlord has confirmed the resident’s shutters were taken down prior to the window installation taking place on 20 March 2018. The landlord has also advised that the resident was told it would not be reinstating the shutters following an inspection carried out in July 2018. The resident then bought the complaint to the attention of the landlord on 27 September 2020. As such, this complaint would fall outside the Ombudsman’s jurisdiction.
  2. The Housing Ombudsman accepts the landlord may no longer have access to related records from 2018. The Ombudsman has not been presented with any evidence that indicates that the resident had complained to the landlord prior to 27 September 2020.
  3. In accordance with paragraph 42(c) of the Housing Ombudsman Scheme, the complaint concerning the resident’s request for compensation for the shutters is outside of the Ombudsman’s jurisdiction and will not be investigated.