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Anchor Hanover Group (202014148)

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REPORT

COMPLAINT 202014148

Anchor Hanover Group

22 May 2021


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 an increase in service charges for heating and hot water.

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 submitted a complaint to the landlord stating concerns, in respect of the increase in service charges. The resident stated that the service charge increase for heating and hot water was disproportionate and explained that the increase had left her in financial difficulty.
  2. The landlord provided a final response to the complaint on 15 February 2021. It explained that a budget is set on a yearly basis to cover known and fixed costs, in addition to anticipated costs based upon historical information. The landlord explained that in the financial year 2018/2019 there had been a decrease in service charge costs which resulted in a credit being applied, reducing the heating and hot water charges in the following year. The landlord explained that the service charge costs for the year 2021/2022 reflected the expected costs of heating and hot water but explained that this increase may seem distorted as the previous year’s costs were offset by a credit.
  3. The resident brought their complaint to this Service and explained that he did not consider that the service charge increase was reasonable. The resident explained how the increase was substantial.

 

Reasons

  1. Paragraph 39(g) of the Housing Ombudsman Scheme states that:

            concern the level of rent or service charge or the amount of the rent or service charge increase;

 

  1. The resident’s complaint turns on their belief that the service charge increase for heating and hot water is too high. As set out in paragraph 39 (g) of the Housing Ombudsman Scheme, this Service cannot consider complaints about the level of service charges or their increase.
  2. If the resident remains dissatisfied with this issue, they may wish to seek further assistance from Shelter or Citizens Advice, and their complaint may be one that the First-tier Tribunal can consider.

www.shelter.org.uk

www.citizensadvice.org.uk