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Clarion Housing Association Limited (202123275)

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REPORT

COMPLAINT 202123275

Clarion Housing Association Limited

7 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 whether or not the resident is liable for “water hygiene” 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. The resident is a tenant of the landlord and lives in a flat in a purpose built block.
  2. On 17 February 2021, the landlord wrote to the resident to inform them of the new rent and charges that would apply from April 2021. Alongside a rent increase, the landlord introduced a service charge.
  3. The resident made enquiries about the introduction of this service charge and found that it was for “water hygiene”. From information this Service has seen, we understand that the service charge is for a risk inspection and/or assessment of communal pipes and water tanks in the building.
  4. The resident submitted a complaint to the landlord. They explained that, as their property is served by mains water, they believed it unfair for the landlord to charge them for items related to servicing communal water supplies in the building, which they say they do not make use of.
  5. The landlord provided a final response to the resident’s complaint on 16 November 2021. It explained that it was satisfied that it could charge the resident “water hygiene” charges as part of their rent, as the water tank was within the building.
  6. The resident referred their complaint to this Service.

Reasons

  1. Paragraph 39 (g) and (i) set out that:

“The Ombudsman will not consider complaints which, in the Ombudsman’s opinion:”

(g) “concern the level of rent or service charge or the amount of the rent or service charge increase”

(i) “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 whether or not the landlord can charge service charge items for “water hygiene”. The resident’s position is that it is unreasonable for it to do so as they do not make use of communal water facilities. The landlord’s position is that it is able to recharge these items to the resident.
  2. The Ombudsman cannot consider complaints about the level or reasonableness of service charges. The First-tier Tribunal can consider complaints where there is a dispute about whether a charge is reasonable or, as in this case, whether it can be charged at all.
  3. The resident may wish to contact Citizens Advice or the First-tier Tribunal for more information.

https://www.citizensadvice.org.uk/ – 0800 144 8848

https://www.gov.uk/government/publications/first-tier-tribunal-property-chamber-residential-property-hearing-lists