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Newlon Housing Trust (202126082)

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REPORT

 

COMPLAINT 202126082

Newlon Housing Trust

4 July 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 the landlord’s:
    1. Handling of repairs to the resident’s property (damaged ceilings causing exposure to asbestos, rotten window frames, damp and mould, sink and shower blockages, broken water booster pump and exposed wiring).
    2. Handling of boiler repairs to the resident’s 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, the Ombudsman has determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident has been an assured tenant of the landlord since 2011. He has reported various repair issues, as set out in the complaint definitions, since moving into the property.
  2. The landlord has a two stage complaints process where a response is provided within ten working days for stage one and 20 working days for stage two.
  3. The resident complained to the landlord about its handling of repair issues six times between 2014 and 2022. Of these complaints, the landlord responded to five at stage one only as they were not escalated to stage two. These complaints included repairs to ceilings causing exposure to asbestos, sink blockages and windows. The sixth complaint was about boiler repairs and the landlord responded to this at stage one and stage two, with the final response provided on 16 February 2022.
  4. On 16 March 2020, a letter before action was sent to the landlord by a solicitor acting on the resident’s behalf in respect of a legal disrepair claim. On 16 March 2021 the claim was issued and this included disrepair issues relating to damaged ceilings causing exposure to asbestos, windows and the boiler.
  5. Court hearings took place on 24 September 2021 and 23 June 2022 where directions were set for the resident to comply with. As of 4 August 2022, the claim was struck out due to the resident’s non-compliance with the court’s directions.

Reasons

  1. Paragraph 42a of the Scheme states that…

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure…”

  1. The records indicate that the only repair issue which has gone through the landlord’s internal complaints procedure in full is the boiler. All other issues have only been considered at stage one of the complaints procedure; or, in the case of the damp and mould, broken water booster pump and exposed wiring, not at all.
  2. Therefore, in accordance with paragraph 42 (a) of the Scheme, the complaint relating to the landlord’s handling of repairs (damaged ceilings causing exposure to asbestos, rotten window frames, damp and mould, sink and shower blockages, broken water booster pump and exposed wiring) to the resident’s property is not one which the Ombudsman can investigate further.
  3. Paragraph 42f of the Scheme states that….

“The Ombudsman may not consider complaints which, in the Ombudsman’s opinion concern matters where a complainant has or had the opportunity to raise the subject matter of the complaint as part of legal proceedings.”

  1. A disrepair claim was issued in 2021; however, the Ombudsman notes that the claim was struck out before a judgement was made. While the resident raised the issue of the boiler as part of this claim, it did not progress due to his non-compliance with the court’s directions.
  2. Therefore, in accordance with paragraph 42 (f) of the Scheme, the complaint relating to the landlord’s handling of boiler repairs to the resident’s property is not one which the Ombudsman can investigate further.