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London Borough of Barnet (202226870)

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REPORT

COMPLAINT 202226870

London Borough of Barnet

20 September 2023


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 repairs to a leak in the resident’s garage.

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, 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. The responsibilities of the landlord in respect of the property are set out under an occupancy agreement. Separate to this agreement, the resident rents a garage from the landlord. This is governed by a separate licensing agreement.

 

  1. On 24 October 2022, the resident reported an outstanding repair to the garage, due to a leak. This was repaired by the landlord in February 2023. During this period, the resident made a formal complaint to the landlord about its handling of the repair. 

 

  1. The landlord issued its final response to the complaint on 20 January 2023. It upheld all elements of the resident’s complaint and apologised. It rebooked the repair to take place on 2 February 2022, advising that a senior staff member would be in attendance to ensure the repair went ahead as planned. It offered £150 compensation; an increase of £90 on its stage one offer. The resident remained unhappy with the compensation offered and referred the complaint to this service for investigation.

Reasons

  1. The Housing Ombudsman Scheme (the Scheme) sets out the type of complaints that this service can and cannot consider.

 

  1. Paragraph 42(h) of the Scheme, states that the Ombudsman may not consider complaints which concern the terms and operation of commercial or contractual relationships not connected with the complainant’s application for, or occupation of, a property for residential purposes.

 

  1. The garage in question is used by the resident under a license which does not form a part of the overall occupancy agreement pertaining to the resident’s property. The resident does not use the garage for residential purposes. As a result, the complaint concerns commercial or contractual relationships not connected with the occupation of a property for residential purposes, and therefore is outside of the Ombudsman’s jurisdiction to investigate.