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One Vision Housing Limited (202318446)

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REPORT

COMPLAINT 202318446

One Vision Housing Limited

12 May 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 report of flooding from the property above and the subsequent damage.

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 residents are a married couple and the Ombudsman has seen evidence from both parties. The husband of the couple is the named assured tenant on the agreement, and as such the resident is referred to as “he” for ease of reference within this report.
  2. On 16 August 2023 the resident told the landlord that water was leaking into the property from the flat above on 16 August 2023. The landlord said that it attended the same day and arranged for follow-up works, including for an electrician to check the electrics on 18 August 2023.
  3. The resident complained to the landlord on 18 August 2023. He said that the water had ruined his and his wife’s belongings, which included the flooring in the kitchen, living room and hallway. He said the property was unsafe because the floor was wet and mouldy. He raised concerns that the living conditions may affect their health conditions which included asthma and Chronic Obstructive Pulmonary Disease (COPD). He asked the landlord to replace the flooring (including the carpets) and to redecorate the property.
  4. On 21 August 2023 the resident told the landlord that the flooding had affected his and his wife’s physical and mental health. He said his wife had fallen on the water and injured her back. He also said they had been without electricity and unable to cook food. He asked the landlord to clean the property, to compensate them for the damage caused to their belongings, and to send a warning letter to the neighbour. He also asked the landlord to offer a goodwill gesture for the cost of running the dehumidifier that it had provided.
  5. The landlord responded to the resident’s complaint on 5 September 2023. It offered the couple £100 in compensation for the costs of running the dehumidifier. It said that it was not responsible for replacing the resident’s belongings and recommended that they claimed on their home insurance. The resident was dissatisfied with this initial response and asked the landlord to escalate the complaint to the second stage of its complaints process on 8 September.
  6. The landlord responded to the resident’s escalated complaint on 25 September 2023. It said it would decorate the walls and ceiling in the kitchen and living room, decorate 2 walls in the bedroom and “stain block as required internally”. It said it would “make good the hole in the floor adjacent to the large window in the living room” and renew the flooring in the kitchen”. 
  7. In its final complaint response, the landlord also said “the tenant above is very sorry about the leak, and it was a fault with their washing machine. This has now been resolved.” It did not offer any further compensation to the resident. The resident referred the complaint to the Ombudsman. He said he wanted the landlord to complete the outstanding repairs, and to compensate them for the damage to belongings.
  8. Within an internal email on 12 May 2024 the landlord said that the resident had instructed a solicitor who drafted a letter of claim in November 2023. It said that both parties had solicitors and that they followed the legal disrepair protocol. It said that an independent report had recommended works totalling £439. The landlord said that it completed these works, plus additional painting. We have not seen evidence of the report. The landlord’s repair log shows it carried out works, such as renewing the resident’s flooring and painting the property.     
  9. The resident began a money claim in the County Court on 7 June 2024. He asked the landlord to pay £4,185 to cover the damage he said the flood had caused, including to his belongings. The court ordered the landlord to respond by 26 June 2024. It is understood from both the landlord and resident that a County Court Judgment was made, however we have not seen evidence of this.
  10. The landlord contacted the Ombudsman on 12 June 2024 to say that it had reviewed the resident’s complaint whilst compiling the information for this investigation. It said that it had found that it could have dealt with some elements of the resident’s complaint better. It said that it had offered the resident £500 as a gesture of goodwill. It also said it would signpost the resident for more support. It said that it had held an internal meeting and would “ensure they learn from this and improve the service they provide”.

Reasons

  1. Paragraph 41.c of the Housing Ombudsman Scheme states ‘the Ombudsman cannot consider complaints which concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given’.
  2. The evidence provided by the landlord shows the resident issued a money claim on 7 June 2024. He claimed £4,456.51 (which included £271.51 in court costs) for the damage caused to the property (including the walls, flooring and furniture) following the water leak. As this matter has been raised as the subject of court proceedings, we will not consider the resident’s complaint about the landlord’s handling of it, in line with paragraph 41.c of the Scheme.