London Borough of Wandsworth (202434922)

Background

1. The resident occupies a 1-bedroom flat. He complained the landlord had declined his request for a discretionary tenancy. He also complained about the landlord’s response to his reports of damp and mould within the property.

What the complaint is about

2. The landlord’s response to the request for a discretionary tenancy.
3. The landlord’s response to reports of damp and mould.

Our decision (determination)

4. The landlord’s response to the resident’s request for a discretionary tenancy is outside of our Service’s jurisdiction.
5. The landlord’s response to the reports of damp and mould is outside of our Service’s jurisdiction.

We have not made orders for the landlord to put things right.

Summary of reasons

6. When a complaint is brought to our Service, we must consider all the circumstances of the case as there are sometimes reasons why we will not investigate a complaint.
7. We cannot investigate issues which are also subject to legal proceedings or where matters at court are connected so closely to the complaint, they cannot be separated. In this case, we can see the court issued an order in October 2025. This stated the resident must give up possession of the property on the basis he was an unauthorised occupier.
8. Both parties have recently told us the resident has appealed the court’s order and legal proceedings are ongoing.
9. The matter the resident has asked us to consider is, effectively, whether the landlord’s decision to decline a discretionary tenancy is fair and reasonable. Having reviewed the court’s order, and the resident’s appeal, it is clear the issue the resident has asked us to consider is inextricably linked to subject matter considered by the court. This means we have no power to investigate the landlord’s decision in respect of the tenancy.
10. The landlord’s response to the reports of damp and mould is separate to its decision about the tenancy. However, the resident has also asked the court to consider the landlord’s response to the damp and mould, making it the subject of legal proceedings.
11. The resident has provided a copy of his appeal to the court’s order in October 2025. This, in part, references the damp, mould, and condition of the property and the alleged adverse impact on the resident’s health, as grounds for appealing the court’s order. It is therefore clear the resident has asked the court to consider the landlord’s handling of the damp and mould, and the alleged impact on his health. Therefore, we have no power to investigate the landlord’s response to the damp and mould.