The Guinness Partnership Limited — case 202101375

REPORT COMPLAINT 202101375 The Guinness Partnership Limited 8 April 2022 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 concerns damage caused to the resident’s car. Determination (jurisdictional decision) 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. 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 The resident explained that their car was damaged when it was struck by a roof tile.

They reported this to the landlord and were advised to claim against their insurance. The resident considered this unfair as they believed the landlord was responsible for the damage and submitted a complaint. The landlord provided its final response to the complaint on 17 December 2020. The landlord explained that it did not consider that it was at fault for the damage and reiterated its advice for the resident to contact his own insurance provider. The resident referred their complaint to this Service, explaining that they believed the landlord was liable for the damage to their car.

Reasons The Housing Ombudsman Scheme states that: 39 (i) – The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure; The resident complained that the landlord is liable for damage to their car, the landlord disputes this. This Service cannot investigate complaints about the liability for damages as they are a matter for the Court to consider.

If the resident remains dissatisfied, they may wish to seek legal advice. If the resident remains dissatisfied with this issue, they may wish to seek further advice, the following organisations may be of use. www.citizensadvice.org.