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Abri Group Limited (202317809)

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REPORT

COMPLAINT 202317809

Abri Group Limited

28 June 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 repairs to the bathroom.

 

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, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident has held a fixed term tenancy with the landlord since January 2020.

 

  1. During 2021 the resident experienced several repair issues with the bathroom at the property. He reported these to the landlord but says the issues were not properly resolved. In July 2021, the resident made a stage 1 complaint about the landlord’s handling of the bathroom repairs. In its stage 1 response it acknowledged there had been delays in carrying out the repairs. It apologised for the frustration and inconvenience caused and offered £108 in compensation.
  2. The resident remained dissatisfied and escalated his complaint to stage 2. At stage 2 the landlord apologised and offered £150 for delays in the bathroom repair and £150 for the distress and inconvenience caused. The resident says that after the landlord’s stage 2 complaint response the repairs remained unresolved.


  1. In January 2024, the resident instructed a solicitor to act on his behalf in discussing the matters with the landlord. In March 2024, the landlord made an offer of compensation to the resident. He was dissatisfied with the level of compensation offered. On 24 April 2024 the resident issued a disrepair claim in the county court. The details of the disrepair claim are the same as the matters complained about to this Service. On 15 May 2024, the landlord’s solicitor confirmed to this Service that it was engaged with the resident’s solicitor on the matter.

Reasons

  1. Paragraph 41(c) of the Scheme states “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”.
  2. When the resident escalated his complaint to this Service in September 2023 (prior to submitting his legal claim), it fell within the jurisdiction of the Ombudsman to consider and was duly progressed for investigation. It was then on 24 April 2024 that he submitted his disrepair claim to the county court, which can affect the Ombudsman’s ability to investigate a complaint.
  3. This Service has considered the details of the resident’s complaint and the details of his disrepair claim. The resident’s disrepair claim is in respect of the landlord’s handling of repairs to the bathroom and other repair issues that occurred at a later date. As the Court will be considering the matters in due course, the resident will have the opportunity to raise his concerns about the issues and the level of compensation offered by the landlord.
  4. In accordance with paragraph 41(c) of the Scheme, the complaint relating to the landlord’s handling of repairs at the property is not one which this Service can investigate further.