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London Borough of Islington (202333492)

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REPORT

COMPLAINT 202333492

Islington Council

23 April 2025


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 the resident’s reports of noise from the upstairs neighbour.

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, in accordance with paragraph 41.a. of the Scheme, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident lives in the property. She rents this property from a leaseholder of the landlord. The property is a 2-bedroom flat on the tenth floor of a 17-storey block.

 

  1. The resident made a complaint to the landlord on 22 August 2023. She said she had been reporting noise from the upstairs neighbour for 6-7 weeks and had not received a response. She told the landlord this was impacting her sleep, wellbeing and day-to-day life.

 

  1. The landlord sent its stage 1 response on 7 September 2023. On 21 September the resident asked for the complaint to be escalated. The landlord sent its stage 2 response on 13 October, in which it said:

 

  1. it apologised for a failed call back and unanswered emails
  2. the noise recording app had not picked up any noise other than occasional faint thuds
  3. the upstairs neighbour had been given until the end of October 2023 to change the flooring – further action would be taken if this was not completed

 

  1. On 21 December 2023 the resident contacted us and asked us to investigate the complaint.

Reasons

  1. What the Ombudsman can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Scheme. When a complaint is brought to this service, the Ombudsman must consider all the circumstances of the case, as there are sometimes reasons why a complaint will not be investigated.

 

  1. Paragraph 25 of the Scheme sets out who can make a complaint to the Ombudsman. This makes it clear that the Ombudsman can only investigate a complaint made by a person who is or has been in a landlord/tenant relationship with a member. This includes people who have a lease, tenancy, licence to occupy, service agreement, or other arrangement to occupy premises owned or managed by a member.

 

  1. Paragraph 41.a. of the Scheme states that the Ombudsman cannot consider complaints which were not referred to the Ombudsman by one of the people who can use the Scheme under paragraph 25.

 

  1. The landlord has provided a copy of the lease which shows the resident is not the leaseholder of the property. It has told us that the resident is a sub-tenant of the leaseholder. In these circumstances it is the leaseholder who is in a landlord/tenant relationship with the landlord. The resident is not in a landlord/tenant relationship with the landlord.

 

  1. Because of this, and in accordance with paragraph 41.a. of the Scheme, the Ombudsman cannot investigate the complaint relating to the landlord’s handling of noise reports as it outside of jurisdiction. We appreciate this determination will be disappointing to the resident. We suggest the resident seeks independent advice on how to best progress the issues she has raised.