London Borough of Sutton (202344167)

Background

1. The applicant’s father was a tenant until his death in December 2023. The applicant applied to succeed to the tenancy. The landlord refused, stating he had not lived at the property for the required 12 months. The applicant later complained about this decision.

What the complaint is about

2. The complaint is about the landlord’s decision to refuse the succession application.

Our decision (determination)

3. We have found that the complaint about the landlord’s decision to refuse the succession application is outside our jurisdiction to investigate.

Reasons

4. After the applicant’s complaint, the landlord served a notice to quit on the applicant to vacate the property. The applicant has told us that there is a current court case. The evidence from the landlord also shows reference to an ongoing court case.
5. We may not investigate matters where an applicant has had (or will have) the chance to raise the subject matter of the complaint as part of legal proceedings. In this case, the applicant’s solicitor made an offer to the landlord on 16 April 2026. This offer included the landlord obtaining possession of the property in 30 days.
6. In this case, the central issue – whether the applicant had a right to succeed – was integral to the possession proceedings and formed part of the solicitor’s offer. The applicant therefore had a reasonable opportunity, with legal advice, to present his case and challenge the landlord’s position on succession during that process. For this reason, we will not investigate the complaint about the landlord’s refusal of the succession application.