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London Borough of Lambeth (202403228)

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REPORT

COMPLAINT 202403228

London Borough of Lambeth

30 September 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 response to the applicant’s request to succeed a tenancy.

Determination (jurisdictional decision)

  1. 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.
  2. 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

  1. The applicant’s brother held a tenancy with the landlord. He surrendered the tenancy in February 2024, following a court order.
  2. That same month, the applicant asked the landlord if he could take over the tenancy. He also complained that a landlord staff member entered the property without his permission.
  3. The complaint progressed through the landlord’s formal complaint process, and it issued its stage 2 final response on 23 April 2024. The landlord explained that the resident had surrendered the tenancy, and the staff member had entered to inspect the property. It added that the resident had been a sole tenant, and there was no indication that the applicant was part of the household. The landlord asked the applicant to hand back the keys.
  4. In his referral to us, the applicant said he believed he was named on his brother’s tenancy, and that he had lived in the property for 8 years. He wanted to take over the tenancy and remain living in the property.
  5. The landlord evicted the applicant from the property in November 2024.

Reasons

  1. Paragraph 41.c. of the Housing Ombudsman Scheme (the Scheme) states that the Ombudsman cannot consider complaints which, in the Ombudsman’s opinion concern matters that are the subject of court proceedings or were the subject of court proceedings where judgement on the merits was given.
  2. In November 2024 the applicant was evicted from the property. The evidence shows that the court granted the landlord a possession warrant for the property. The applicant would have had the opportunity at court to present his case for succession and raise any related concerns.
  3. Having reviewed the evidence relating to this complaint, it is clear that the substantive issue of the complaint has been subject to court proceedings where a judgement on the merits was given. Therefore, in accordance with paragraph 41.c. of the Scheme, the complaint is outside of the Ombudsman’s jurisdiction.