Leeds City Council — case 202101237

REPORT COMPLAINT 202101237 Leeds City Council 18 March 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 the landlord’s handling of the resident’s reports of: An unauthorised occupant at a neighbouring property Antisocial behaviour 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 raised a complaint with the landlord and explained that the person living at the property did not match those listed on the tenancy agreement. The resident therefore considered that this amounted to tenancy fraud. The resident explained that he had been experiencing persistent antisocial behaviour from this person and felt, as the person was not officially occupying the property, that the landlord should remove them. The landlord provided a final response to the complaint on 8 July 2021 under its reference 346178.

It acknowledged the residents’ concerns and explained that the situation had been investigated and its outcome passed to its legal services team. The landlord explained that it was unable to disclose the details of the investigation due to data protection regulations but that, it was hopeful that a resolution would soon be reached. The resident raised their complaint with this Service and considered it inappropriate that people who were not named on the tenancy agreement were able to continue occupying the property.

The resident explained that this had resulted in persistent antisocial behaviour. It is noted that the resident has multiple complaints raised with this service. On review of the information provided it has been identified that this complaint is one that has already been considered. This service issued a determination on 10 March 2022 under our reference number 202101194. This considered the landlord’s handling of the same complaint issues. Reasons Paragraph 39(o) of the Housing Ombudsman Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: (o) seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon; It is noted that the resident has raised significant concerns with regards to reports of a neighbouring property committing tenancy fraud and the resultant antisocial behaviour.

It is also acknowledged by this Service that regrettably there has been a delay in identifying that the case had already been considered. However, as we have already considered this complaint under reference number 202101194, the Ombudsman cannot investigate it again.