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Peabody Trust (202225229)

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REPORT

COMPLAINT 202225229

Peabody Trust

15 January 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 reports of a roof leak.

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 is a tenant of the landlord, a housing association. The property is a 1-bedroom flat.
  2. In September 2022 the resident reported a leak from the roof into his living room to the landlord. He reported the same issue again in January 2023 and February 2023 and subsequently complained about the landlord’s handling of his reports. He said the landlord had not fixed the roof within a reasonable time and felt that the repair work had been done dangerously and carelessly, affecting his safety.
  3. The complaint progressed through the landlord’s formal complaints process and the landlord issued its final response on 16 June 2023. The landlord upheld the resident’s complaint saying it had failed to complete repairs within its policy timescales. It also acknowledged that it had not kept the resident updated on progress. The landlord apologised for this and offered the resident a total of £850 compensation.
  4. The landlord also explained that its contractors were due to attend on 20 June 2023 for further inspections and to carry out work on the roof. It said it had assigned a surveyor to the case to ensure repairs were followed through. It added that it would keep the resident updated on the progress of repairs until completion and that if repairs took any longer than 4 weeks it would offer him additional compensation.

Reasons

  1. Paragraph 41.c. of the Housing Ombudsman Scheme (the Scheme) states that 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.
  2. The Ombudsman’s view is that a matter does not become ‘legal’ until proceedings have been ‘issued.’ The issuing of proceedings involves filing details of the claim, such as the Claim Form and Particulars of Claim, at court.
  3. On 15 August 2023 following possession proceedings issued by the landlord due to rent arrears the resident submitted a counterclaim at court regarding ‘leaks/defective roof causing water damage and damp’. This counterclaim concerned the substantive issue of the complaint in which the resident sought damages of over £1,000 and asked the court to order the landlord to carry out repairs outstanding at trial.
  4. On 20 December 2023 the court issued an order in the resident’s absence. This order included matters relating to the substantive issue of the complaint, such as a deadline for the resident to respond to the landlord’s proposed works and for him to confirm whether he wished to progress with his counterclaim.
  5. More recently in October 2024 the resident informed this Service that the legal proceedings were ongoing, and a court date was scheduled for November 2024.
  6. Having reviewed the evidence relating to this complaint, the Ombudsman is satisfied that in this case, the substantive issue of the complaint, which is the landlord’s handling of reports of a roof leak was subject to court proceedings where a judgement on the merits was given.
  7. As such, in accordance with paragraph 41c of the Scheme, the complaint is outside of this Service’s jurisdiction and is a matter that the court has decided upon. This Service appreciates that this determination may be disappointing for the resident and apologises for the time it has taken for this decision to be made. Should he wish to pursue this matter further he should do so through the courts.