Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Origin Housing Limited (202304044)

Back to Top

REPORT

COMPLAINT 202304044

Origin Housing Limited

26 February 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 request for a refund of a rent advance paid in June 2018.

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 42.b. 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, owned by the landlord, under an assured tenancy. The property is a 1-bedroom ground floor flat. The resident has lived there since June 2018.

 

  1. The resident made a complaint to the landlord on 13 August 2018 about rent he paid in advance not being refunded. Due to the passage of time, the landlord has been unable to locate a copy of its written response to the resident. However, its records show it spoke with him on 20 August 2018 to discuss the complaint outcome.

 

  1. The contact note said it would arrange a refund of any money above an amount that would keep his rent account 2 months in credit. It said this refund was completed on 3 September 2018.

 

  1. The resident contacted this Service on 12 June and 6 July 2023. He said a complaint had been ongoing for 5 years and the landlord had not responded appropriately. We contacted the landlord and it sent a new stage 1 response on 27 July. It explained why the resident had been required to pay rent in advance. It said the resident had not raised concerns about the advance payment since it had responded to his complaint in August 2018. It also said there was no credit on the rent account, so there would be no money to return.

 

  1. The resident asked the landlord to escalate the complaint on 24 August 2023 and it sent its stage 2 response on 31 August. It said that its stage 1 response was correct and gave the resident a detailed breakdown of the payments he had made in June 2018 and explained why he was not owed a refund.

 

  1. On 16 September 2023, the resident contacted us and asked us to investigate the complaint.

Reasons

  1. Paragraph 42.b. of the Scheme states that the Ombudsman may not consider complaints which, in the Ombudsman’s opinion were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure.

 

  1. While the landlord has not been able to provide a copy of its complaint response from August 2018, it is clear from its contact records that it did investigate the complaint and provided the resident with a response at that time. The resident has not disputed that he received a complaint response at that time. It was reasonable for it to no longer have this letter available almost 5 years after the complaint was closed.

 

  1. It is not clear from the information provided whether the original complaint fully completed the landlord’s internal complaints process. However, there is no evidence the resident asked for the complaint to be escalated at that time. He did not contact this Service until more than 4 years after the landlord’s complaint response. The landlord has no record of any further contact about this issue during that time.

 

  1. The landlord sent new complaint responses in 2023, however this appears to be because we asked it to do so, as we were unaware at that time that it had responded in 2018.

 

  1. The resident originally complained about this issue in 2018, the landlord responded, and the resident did not raise the issue again until 2023. So, in accordance with paragraph 42.b. of the Scheme, the complaint relating to the resident’s request for a refund of an advance rent payment made in June 2018 is not one that this Service can consider.