Clarion Housing Association Limited (202331225)

REPORT

COMPLAINT 202331225

Clarion Housing Association Limited

18 December 2024

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 landlord’s response to reports of leaks, damp and mould and its handling of associated repairs. 

Determination (jurisdictional decision)

2. 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.

 

3. 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

4. The terms of the tenancy agreement provided by the landlord indicates that the resident has a fixed term 5 year tenancy which started in October 2013. The property is a 3-bedroom house. The landlord is a housing association.

 

5. On 13 February 2023 the resident’s solicitor initiated the pre-action protocol for a legal disrepair claim. This related to alleged disrepair including:

 

1. Damp and mould in all bedrooms.
2. Leak marks on the ceilings in all bedrooms (that appeared when it rained)
3. A hole in the roof.

 

6. On 7 June 2023 the landlord produced a surveyor’s report as part of the legal disrepair claim after a joint inspection of the property on 2 May 2023 with the resident’s surveyor. The report included a schedule of works for all the agreed outstanding repairs to be completed including works to the roof and to address the damp and mould and leaks from the bedroom ceilings.

 

7. On 25 October 2023 the landlord and the resident’s solicitor reached a settlement on the legal disrepair claim. Under the terms of the settlement the landlord was to pay the resident £3,900 for damages and complete the agreed works to the property by the deadline of 2 January 2024.

 

8. On 30 November 2023 the resident raised a formal complaint with the landlord. He said:

 

1. There was damp and mould in the property.
2. There were leaks from the ceilings in the bedrooms.
3. There had been numerous visits by the landlord but the roof was still leaking

 

9. The resident asked the landlord to repair the leaking roof and replace the roof insulation which was wet and damaged. He also requested that the landlord then complete internal repairs.

 

10. On 10 April 2024 the landlord provided a stage 1 response. This stated:

 

1. The roof works, gutters and loft insulation had been booked in for 1 May 2024.
2. Painting of the walls and ceilings would be booked in, once it had completed the roof repairs and stopped the leaks.
3. It would provide interim mould treatments

 

11. On 3 May 2024 the resident raised a stage 2 complaint. He said the repairs booked in were incomplete and the leaks were ongoing.

 

12. Through his solicitors, on 20 May 2024 the resident raised a legal claim alleging the landlord had not completed the agreed works and was in breach of the settlement agreed in respect to the disrepair claim.

 

13. On 17 June 2024 the landlord provided a stage 2 complaint response. The landlord detailed works that it had undertaken, but it said the roof works were ongoing and would be considered as part of the ongoing legal disrepair case which was live and being discussed through their solicitors.

 

Post the landlord’s final response

14. On 23 July 2024 the resident’s solicitor informed the landlord that the resident had issued a claim against the landlord seeking an injunction and further damages in relation to the alleged breach of settlement for the disrepair claim.

 

15. On 29 August 2024 the landlord and the resident’s solicitor reached a settlement on the breach of settlement claim. Under the terms of this settlement, the landlord was to pay the resident damages of £1,000 in full and final settlement and complete the works set out in the landlord’s 7 June 2023 report as well as painting the walls and ceiling in the bedroom and bathroom within 60 days.

 

16. The resident has since told the Ombudsman that he would like us to investigate his complaint because the landlord has not adhered to the settlement terms of the breach claim as the leaks from the roof were ongoing.

 

Reasons

17. Paragraph 41.c of the Scheme states that we cannot consider complaints, which in our opinion, concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given.

 

18. Through his solicitors the resident accepted a settlement of his legal disrepair claim against the landlord. The resident then issued proceedings at the county court for alleged breach of the settlement of the disrepair claim, on the basis that the landlord had not completed the agreed works within the property. The resident subsequently accepted a further settlement in relation to the breach claim and the claim for an injunction.

 

19. Therefore, after carefully considering all the evidence, in accordance with paragraph 41.c the complaint is outside of the Ombudsman’s jurisdiction.

 

20. Regarding the resident’s report that the landlord has failed to adhere to the terms of the settlement of the breach claim, the Ombudsman is unable to assess this or enforce the terms of the settlement reached. The resident has been advised that he may need to seek a remedy through his solicitors for enforcement of this settlement. Also, the resident may wish to raise a complaint with the landlord regarding any ongoing leak via its complaint process if he is dissatisfied with its response to his reports of the same.