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Hexagon Housing Association Limited (202214468)

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REPORT

COMPLAINT 202214468

Hexagon Housing Association Limited

25 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:
    1. Handling of outstanding heating and hot water boiler repairs.
    2. Response to reports of excessive energy costs, due to the faulty boiler.

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 under paragraph 41(c) of the Housing Ombudsman Scheme.

Summary of events

  1. On an unknown date in 2018, it was discovered that the resident’s boiler had been incorrectly installed, leading the heating system to use excessive energy and inflate her bills.

 

  1. In October 2021, the resident reported that her heating and hot water had stopped working. In December 2021, the installation issues were rectified, however the resident’s heating was not restored.

 

  1. The resident complained. In September 2023 the landlord issued a final response which stated:

 

  1. The landlord had made multiple promises which had failed to materialise.

 

  1. There had been a series of complaint handling and communication failures.

 

  1. The landlord has missed “all of its deadlines” and that “nobody was taking any steps to rectify anything”.

 

  1. The resident continued to have no heating or hot water, after 2 years.

 

  1. Reimbursement of “at least £8,000” was required, in addition to further compensation due under the landlord’s own policies.

 

  1. The resident remained dissatisfied and asked the Ombudsman to investigate the complaints. The resident issued a claim at court against the landlord, claiming for the increased energy costs and lack of heating and hot water. She claims:
    1. £8,803.27 for the increased heating costs together with interest at 8% simple
    2. Damages of over £10,000 but not more than £25,000 for the lack of heating and hot water.
  2. The Ombudsman has seen evidence that a disposal hearing is due to take place on 31 July 2024.

Reasons

  1. Paragraph 41(c) of the Housing Ombudsman Scheme states:

“41. 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. The resident has issued proceedings, and those proceedings relate to the same issues the Ombudsman has been asked to investigate. The Ombudsman has no jurisdiction to investigate the complaints already at court. That means we cannot investigate the resident’s complaints under paragraph 41(c) of the Scheme.