Retirement Villages Ltd — case 202121821

REPORT COMPLAINT 202121821 Retirement Villages Ltd 22 March 2023 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 The complaint is about: The landlord’s response to concerns about lift repairs. The resident’s request for compensation. The landlord’s complaint handling. Determination (jurisdictional decision) When a complaint is brought to the Ombudsman, we must consider all the circumstances and timings of the case as there are sometimes reasons why a complaint will not be investigated. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Background and summary of events The resident is a joint leaseholder who lives in a two bedroom lower ground floor apartment situated within a retirement community. The apartment is below street level and is accessed via four flights of stairs or a communal lift. The resident had a fall just before 24 August 2020, resulting in damaged vertebrae in her back. On 24 August 2020 the communal lift broke down. The lift was returned to full working service on 16 October 2020. The resident requested compensation due to having to walk the stairs during this time which she said caused her further injury.

Within its complaint responses, the landlord advised that the length of time taken to fix the lift in 2020 was out of its control. Therefore it would not offer compensation. The landlord cancelled their voluntary membership of this scheme on 11 November 2021. The resident brought her complaint to this service on 16 December 2021. Reasons Under paragraph 25 (a) of the scheme the landlord has to be a member. At the time the resident referred their complaint to the Ombudsman, the landlord was no longer a member of the scheme.

If the landlord is not a member of the scheme, it is not subject to the Ombudsman’s jurisdiction. This service notes that the landlord is a member of the Property Ombudsman scheme. The resident may wish to contact the Property Ombudsman for advice about making a complaint with their service. She may also wish to pursue a personal injury claim through the landlords insurer or through a legal route.