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Tower Hamlets Homes (202336761)

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REPORT

COMPLAINT 202336761

Tower Hamlets Homes

31 March 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:
    1. The noise from the shower unit.
    2. Damage to the walls caused by the contractors.

Determination (jurisdictional decision)

  1. We are not free to investigate every complaint referred to us. When a complaint is brought to us, we must consider all the circumstances of the case to decide if we have the power to investigate it. After carefully considering all the evidence, we have determined that the complaint, as set out above, are not within the Ombudsman’s jurisdiction under paragraph 41.c of the Scheme because there are legal proceedings on the same matters. 

Summary of events

  1. The resident has a secure tenancy agreement with the landlord dated 15 August 2022.
  2. On or around 23 October 2023, the resident raised a complaint about the landlord’s handling of the shower repair and damage to a wall. The landlord issued its final response, in which it explained the shower was working within normal tolerances and that the damage to the wall had been rectified.
  3. On or around 7 August 2024, the resident issued a claim against his landlord in the county court. The particulars of claim set out that the resident was claiming compensation for financial losses in respect of the shower and the wall. The claim was ‘adjourned generally with liberty to restore’ until 30 September 2025. After this, the claim would be ‘struck out’.

Reasons

  1. Paragraph 41.c of the Scheme states that:

“41. The Ombudsman cannot consider complaints which, in the Ombudsman’s opinion: c. concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given”

  1. Based on the claim number, particulars of claim and the defence, we are satisfied that legal proceedings have been issued. If the proceedings are still live or a judgment has been given on their merits, then we will not be able to investigate the complaint.
  2. The final order states that the final hearing has been adjourned. An adjournment is ultimately putting off the hearing until a future date. In this case, that future date has not been specified. Until 30 September 2025 (when the claim is struck out), the proceedings on the same matter are still ‘live’ for the purposes of the Scheme. Therefore, the Ombudsman cannot investigate the complaint. The resident can ask the court to restore the matter and set a hearing date.