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Soha Housing Limited (202205004)

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REPORT

COMPLAINT 202205004

Soha Housing Limited

14 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 handling of the resident’s request to move.

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.

Summary of events

  1. The resident holds an assured tenancy with the landlord since 2021. The property is a 2-bedroom bungalow. The landlord is a housing association. The resident has a representative who has supported him in bringing this complaint.
  2. In June 2022, the resident complained to the landlord about the landlord’s handling of his request to move. He was dissatisfied that he had not been able to bid on properties he was interested in.
  3. A week later the resident asked the landlord not to proceed with the complaint. In December 2022, the resident contacted this Service about the issue. This Service asked the landlord to respond under its complaint process. On 9 January 2023, the landlord provided its stage 1 complaint response to the resident. The resident did not request to escalate the complaint to stage 2.
  4. On 21 May 2024, the resident asked this Service to investigate the landlord’s handling of his request to move.

Reasons

  1. Paragraph 42 (a) of The Housing Ombudsman’s Scheme may not consider complaints which, in the Ombudsman’s opinion are made prior to having exhausted a landlord’s complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the landlord has not taken action within a reasonable timescale.
  2. The resident’s complaint was considered at stage 1 of the landlord’s complaint process. It provided its response on 9 January 2023. This part of the complaint was not escalated to stage 2 of the landlord’s complaint process.
  3. In the interest of fairness, this Service can only investigate issues which have exhausted the landlord’s formal complaint process. This is because the landlord needs to be given a fair opportunity to investigate and respond to any reported dissatisfaction with its actions prior to the involvement of this Service.
  4. This Service appreciates the resident will be disappointed with this outcome and empathises with him. Due to the amount of time that has passed since January 2023 it is recommended that within the next 15 working days, the landlord meet with the resident and / or his authorised representative to discuss the current position in respect of the resident’s request to move. The resident can make a new complaint to the landlord if he so wishes. If he remains dissatisfied at the end of the landlord’s complaints process, he can bring his complaint to this Service for consideration.