Applications are open to join the next Housing Ombudsman Resident Panel - find out more Housing Ombudsman Resident Panel.

Hyde Housing Association Limited (201909034)

Back to Top

REPORT

COMPLAINT 201909034

Hyde Housing Association Limited

20 July 2021


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 the level and reasonableness of the service charges.

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 2021, the resident raised a formal complaint to his landlord as he was concerned that his service charges appeared to be increasing every year.
  2. The landlord issued a stage one response to the complaint on 31 March 2021 within which it provided a breakdown of service charges. It also offered £70 compensation for the resident’s trouble in pursuing the matter.
  3. The resident requested escalation of his complaint as he believed he was being overcharged and further queried the breakdown of the charges.
  4. On 17 May the landlord issued its final response to the complaint. It maintained that no errors had been made with the service charges and reiterated its previous offer of compensation and offered referral details to this service.
  5. On 22 June we spoke to the resident to clarify his outstanding concerns regarding the service charges. The resident explained that he believed he was being overcharged, he felt some of the services he had been charged for could be sourced cheaper elsewhere.

Reasons

  1. Paragraph 39 g of the Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: concern the level of rent or service charge or the amount of the rent or service charge increase;
  2. Issues pertaining to the level of service charge or service charge increase should be properly dealt with by the First Tier Tribunal (FTT), who can make determinations on all aspects of liability to pay a service charge. This includes being able to assess the reasonableness of the charges and whether the landlord has followed statutory requirements in notification of charges. Therefore in line with paragraph 39 g of the scheme, the complaint falls outside the jurisdiction of this service and the resident should make enquiries to the FTT if he wishes to pursue matters further.