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London & Quadrant Housing Trust (202401298)

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REPORT

COMPLAINT 202401298

London & Quadrant Housing Trust (L&Q)

17 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 decision to issue a notice of seeking possession (NOSP) and the way it served it.

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, we have determined that the complaints, as set out above, are not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident held an assured tenancy with the landlord. They are no longer a tenant of the landlord.
  2. On 8 November 2023, the landlord served the resident a NOSP as well as a notice to quit. It said they were not using the property as their only or principal home, and there were unauthorised occupants living in the property instead.
  3. The resident complained about the notice including the way the landlord’s staff member served it. They said a member of staff visited unannounced and discussed the matter with their relative. They also said they are a vulnerable tenant and asked for an explanation.
  4. The complaint progressed through the landlord’s formal complaints process and the landlord issued its final response on 21 February 2024. It responded to the resident’s concerns about staff conduct and advised them to seek legal advice in relation to the notices.
  5. On 9 August 2024, the resident attended court. On 14 August 2024 the court ordered the resident to give the landlord possession of the property on or before 23 August 2024. On 21 August 2024 the resident confirmed to us they were evicted from the property.

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. On 14 August 2024 the court issued an order for possession. This order included matters relating to the substantive issue of the complaint brought to the Ombudsman, and the resident reasonably had the opportunity to raise their concerns about the notice and how the landlord served it at court.
  3. Having reviewed the evidence relating to this complaint, it is clear the substantive issue of the complaint has been subject to court proceedings where a judgement on the merits was given. As such, in accordance with paragraph 41.c. of the Scheme, the complaint is outside of the Service’s jurisdiction.