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Metropolitan Thames Valley Housing (202108880)

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REPORT

COMPLAINT 202108880

Metropolitan Housing Trust Limited

9 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 a rent increase applied by the landlord.

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 is a tenant of the landlord.
  2. The landlord notified the resident that it intended to increase their rent. The resident raised a complaint to the landlord concerning the legal structure of their landlord tenant relationship. The resident had become a tenant of Metropolitan Housing Trust following a merger with Thames Valley Community Housing Association in 2018. The resident queried the information provided about the merger and change of landlords, challenged whether their tenancy had indeed been transferred and, if so, to the specific arm of Metropolitan issuing the rent increase. Finally, the resident suggested that because of the query about the nature of their landlord tenant relationship, and the method by which the landlord had requested the rent increase, it was not enforceable.
  3. The landlord issued their final response on 14 September 2021. The landlord provided information about the merger, stating that its belief was that this was carried out correctly and that the resident was its tenant. The landlord also set out that it considered that the rent increase as compliant and lawful. The landlord suggested that the resident seek independent legal advice. 
  4. The resident raised the complaint with this service explaining that they considered that the points raised in their complaint remained unresolved.

Reasons

  1. The Housing Ombudsman Scheme states that:

‘(g) The Ombudsman will not investigate complaints which: concern the level of rent or service charge or the amount of the rent or service charge increase’

‘(i) The Ombudsman will not investigate complaints which, concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure’

  1. The resident’s complaint concerns the nature of their relationship with their landlord following a merger, and a recent rent increase.
  2. The landlord has set out its position in relation to the complaint, that the merger was carried out correctly and, with it, the transfer of the resident’s tenancy. And, that the rent increase was correct and legally enforceable.
  3. As set out above, the, this Service cannot consider complaints about the level of rent or its increase. This includes whether or not an increase is enforceable. Therefore, the Ombudsman cannot consider this part of the resident’s complaint.
  4. The other issues raised by the resident concern whether or not the merger of their landlord with Metropolitan gave rise to a landlord tenant relationship. And, if so, which specific part, or subsidiary, of Metropolitan was acting as there. The landlord has provided information explaining its position on the matter, however, the resident was not satisfied with the information it provided. The Ombudsman cannot investigate the circumstances of the merger or issue a binding decision about the legal relationship with the resident that arose from this. If the resident remains unhappy with this part of their complaint, it may be a matter for a Court or Tribunal to consider.
  5. The resident may wish to seek further assistance from Shelter or Citizens Advice, and their complaint may be one that the First-tier Tribunal can consider.

www.shelter.org.uk

www.citizensadvice.org.uk

https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61

https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber