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Birmingham City Council (202111870)

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REPORT

COMPLAINT 202111870

Birmingham City Council

6 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 complaint concerns reports that a neighbouring tenant is committing fraud.

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 raised a complaint with the landlord and stated that a neighbour was not the registered tenant of the property they occupied and considered this to be fraud.
  2. The landlord provided a final response to the complaint on 18 August 2021. It acknowledged the residents’ concerns but explained that it could not substantiate the concerns raised. The landlord explained that they would therefore not proceed with any enforcement action.
  3. The resident raised their complaint with this Service. The resident considered the landlord had not fully investigated the allegations and described the situation as frustrating.

Reasons

  1. Paragraph 36 of the Housing Ombudsman Scheme states that:

The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.

  1. In this case the resident’s complaint concerns reports that a neighbour is occupying a property where they are not a tenant.
  2. This Service can only consider complaints about issues relating to the resident’s occupation of their property and the landlord’s management of this. It is accepted that things may occur in the neighbouring area of the resident’s property that affect them, however, for this Service to consider them, they would have to have a direct and quantifiable impact upon their housing.
  3. A neighbouring tenant’s contractual relationship with the landlord is not something that has a direct impact upon the resident’s occupation to reside in their home, nor does it impact the quality of the service provided by the landlord in relation to their housing.
  4. I am therefore satisfied that, in accordance with paragraph 36 of the Scheme, this is not a complaint which the Ombudsman can investigate further.