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Together Housing Association Limited (201901281)

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REPORT

COMPLAINT 201901281

Together Housing Association Limited

8 February 2022


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 resident brought several issues in their complaint to this Service:
    1. The landlord’s handling of reports of antisocial behaviour, harassment, and threatening behaviour.
    2. The landlord’s handling of the resident’s mutual exchange request and their request to be rehoused or transferred.
    3. The conduct of the landlord’s staff.

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 first contacted this Service in April 2019 to discuss their housing issues.
  2. At the time, the resident was complaining about how the landlord had handled their reports of antisocial behaviour.
  3. Both the resident and landlord provided information showing that, at the time, both parties were involved in legal proceedings. This Service then received Court documents showing that the resident had signed an undertaking. This Service continued to be copied into correspondence up until early 2020, however, no evidence was provided to show that a complaint had been brought to the landlord at that time.
  4. The resident contacted this Service again in February 2021. They explained that the landlord had put their family at risk by offering temporary accommodation in a property which was too small. They also raised concerns about the landlord’s handling of antisocial behaviour dating back to 2018, which included accusations that the landlord had also been harassing or discriminating against the resident.
  5. On 7 April 2021, the landlord provided a final response to the resident, concerning the complaints set out in paragraph 1. The landlord’s complaint response provided a timeline of events that began in 2018 when the resident and their neighbour were both reporting each other for antisocial behaviour. The landlord then set out that, in 2019, it successfully applied for an injunction against the resident. The resident also signed an undertaking in August 2019, which the landlord states was breached.
  6. The landlord’s account of events suggests that matters then escalated, stating that the resident continued to breach the undertaking, and commenced their own legal action against other residents, which it states were struck out. Then, in late 2019, the landlord reports that the resident was arrested for eight offences against their neighbours, leading to the issuance of a Notice to Quit in March 2020. The landlord explained that possession hearings were delayed due to Covid.
  7. Shortly after receiving this information, this Service was then copied into information from both parties concerning possession hearings and a counterclaim. This information shows that the matters being brought by the complainant were either part of the landlord’s possession claim, or part of the counterclaim submitted by the resident.
  8. In August 2021, the landlord confirmed that the Court had granted possession.

Reasons

  1. Paragraph 39 (h) of the Housing Ombudsman 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.”
  2. From the information provided to this Service it is clear that the issues raised by the resident have been considered by Court as part of the landlord’s claim, or have, or could have been considered by Court as part of the resident’s counterclaim and defence. Therefore, the Ombudsman cannot consider this complaint.