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The Riverside Group Limited (202230905)

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REPORT

COMPLAINT 202230905

The Riverside Group Limited

23 July 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 decision to increase the resident’s rent to the maximum allowed.

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 an assured tenant of the landlord.
  2. On 28 February 2023, the resident raised a complaint as they were unhappy with the increase in their rent for the upcoming year. The resident refused to pay the additional amount.
  3. The landlord issued its stage one response on 2 March 2023. It said that the landlord had conducted the rent increase in line with the government rent cap for the new financial year changes. It advised the resident that support services were available that it could refer them to, should they require financial support.
  4. The resident remained dissatisfied and escalated their complaint. The resident said that the increase was unaffordable and unacceptable.
  5. On 7 March 2023, the landlord issued its stage two response. It said that it increased the rent by 7%, which was the maximum level set by the government due to financial difficulties that tenants faced. However, the landlord explained that the organisation’s costs had increased but it had a duty to ensure that it could operate effectively for its customers.
  6. The landlord reiterated that financial support was available through tenancy sustainment officers. However, the resident remained dissatisfied with the landlord’s explanation and rationale for increasing the rent.

Reasons

  1. In accordance with paragraph 42d of the Housing Ombudsman Scheme, the Ombudsman may not consider complaints that “concern the level of rent or service charge or the amount of the rent or service charge increase”.
  2. From our review of the resident’s complaint, the landlord’s responses, and the available evidence, the resident’s complaint is solely about the amount that his rent increased in 2023. This Service is unable to make binding decisions about the amount or reasonableness of the rent increase.
  3. We are therefore satisfied that this complaint is not within the jurisdiction of the Ombudsman to consider further.
  4. The First Tier Tribunal (Property Chamber) is the appropriate body to consider whether the increase of rent is reasonable and supported by the appropriate evidence. It can make a binding decision about the level of rent and whether the landlord has acted fairly and reasonably in its decision to increase it by the maximum amount allowed.
  5. If the resident remains dissatisfied with this matter, they may wish to seek further assistance from the First Tier Tribunal. Contact details can be found at First-tier Tribunal (Property Chamber) – GOV.UK (www.gov.uk).