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Housing For Women (202223679)

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REPORT

COMPLAINT 202223679

Housing For Women

30 April 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 is about the landlord’s handling of the resident’s request to succeed to his late mother’s tenancy including his liability for occupation costs.

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.

 

  1. After carefully considering all the evidence, in accordance with paragraph 41c of the Housing Ombudsman Scheme, the complaint, as set out above, is not within the Ombudsman’s jurisdiction to investigate.

Summary of events

  1. The resident said that he lived with his mother in the property for 12 years.  His mother was the sole tenant. Sadly, his mother passed away in April 2021.

 

  1. The resident’s mother’s circumstances were disclosed to the landlord in email communication during February 2021, however no response was forthcoming.

 

  1. After his mother’s passing, the resident contacted the landlord and was informed that arrears had accrued on the property. He would need to clear the arrears to succeed to the tenancy, further he would be under occupying the property and would need to move to one bedroom flat. 

 

  1. The resident cleared the arrears but it later transpired that his succession application has not been progressed.

 

  1. The resident continued to pursue his succession application. An application to the Council for rehousing on the basis that he was under occupying was submitted. In December 2022, the resident was told that he was not eligible to succeed to the tenancy and he was advised to make a homelessness application to the Council.

 

  1. The landlord served a notice to quit at the address and applied to the county court for possession of the property. The resident obtained legal advice and in advance of the hearing date, parties agreed settlement terms. The terms of settlement addressed the points the resident had raised in his complaint to this Service. The judge approved the consent order which was sealed by the court and issued to parties. 

Reasons

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

 

  1. On this basis, it would not be appropriate for the Ombudsman to investigate the resident’s complaint as it relates to matters that have already been considered and determined by the court.