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Soha Housing Limited (202224820)

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REPORT

COMPLAINT 202224820

Soha Housing Limited

17 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 its 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 its jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. This complaint is about the landlord’s decision to install bollards alongside a communal green area to prevent vehicle access.

Determination (jurisdictional decision)

  1. When someone brings a complaint to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why we will not investigate a complaint.
  2. After carefully considering all the evidence, we have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Background

  1. The resident is an assured tenant of the landlord. The property is an end-terrace bungalow.
  2. On or around 15 September 2022 the landlord decided to install bollards around a communal green area. This was to prevent residents parking on or driving over the green area. After it obtained a quote in October 2022, it wrote to all residents to confirm that it would be installing bollards on 9 November 2022.
  3. The resident then made a complaint. She said the title deeds contained a legal right to drive over the communal grass to access her property. She said the landlord was interfering with her right of way and a right to peaceful enjoyment of the property, and she believed the landlord’s actions were unlawful, discriminatory, and violated her human rights.
  4. The landlord responded to the resident’s complaint on 13 February 2023. It said it had obtained legal advice which confirmed that any rights in the title deeds belonged to the landlord as the landowner, and not to the resident. It said no vehicular access had been included in the tenancy agreement, and the resident had no vehicular right of way over the grass.
  5. The resident was dissatisfied with the landlord’s response, so referred her complaint to the Ombudsman.

Reasons

  1. Paragraph 42(f) of the Housing Ombudsman Scheme says the Ombudsman may not consider complaints which concern matters where we consider it quicker, fairer, more reasonable, or more effective to seek a remedy through the courts, other tribunal or procedure.
  2. In this case, the complaint relates to a dispute about whether or not the resident has a legal right of way which allows her to drive over an area of communal grass to access her property. She believes the title deeds give her that right, and that if they do not then the landlord has a responsibility to grant that right. The landlord said it obtained legal advice which confirmed the resident has no such right as the deeds give rights to the landlord, not the resident. It said she only has the rights granted in the tenancy agreement, and her tenancy does not include any right to drive over the communal grass to access her property.
  3. This is a legal dispute about whether or not the resident has a right of way. The resident also believes that the landlord has acted unlawfully, engaged in discrimination, and breached her human rights by putting the bollards in place. It is not within the remit of this Service to determine disputed legal matters, or to determine whether or not a landlord acted unlawfully, discriminated against the resident, or breached her human rights. These are all legal matters which would be for the courts, not this Service, to determine. 
  4. Furthermore, paragraph 42(o) of the Scheme says the Ombudsman may not consider complaints which, in the Ombudsman’s opinion, concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide.
  5. The resident told the Ombudsman that, to resolve her complaint, she wants to have vehicular access across the communal grass to her property. The Ombudsman does not have the authority to determine how the landlord uses its land as an outcome.
  6. After carefully considering all the evidence, in accordance with paragraphs 42(f) and (o) of the Scheme, this complaint is outside of the Ombudsman’s jurisdiction.
  7. We appreciate this will be disappointing for the resident but, as detailed in this report, we can only determine complaints which fall within our jurisdiction.