Southern Housing (202319000)

Background

1. The resident took over her late husband’s tenancy in 2017. She ended the tenancy in March 2023 when she moved into a residential care home. She was unable to return the property to the landlord empty because a family member was still living there.. The landlord set up a use and occupation account for the family member and applied to court for possession of the property. The family member complained to us about the landlord’s handling of the tenancy.

What the complaint is about

2. The complaint is about the landlord’s:
   1. Acceptance of a termination notice from the resident.
   2. Decision not to add the resident’s family member to the tenancy.

Our decision (determination)

3. We found the complaint about the landlord’s:
   1. Acceptance of a termination notice from the resident to be outside jurisdiction.
   2. Decision not to add the resident’s family member to the tenancy to be outside jurisdiction.

Summary of reasons

4. 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, legal proceedings were issued at court on 28 November 2025. The matters at court relate to the landlord’s possession application and will be considered at a hearing on 6 February 2026.
5. The landlord’s witness statement says it will present evidence at the possession hearing to address:
   1. Its acceptance of the resident’s termination notice and her capacity to sign this.
   2. Its handling of a family member’s request to add her to the resident’s tenancy.
   3. The succession rights to the tenancy.
   4. Possession of the property.
6. The issues at court and the complaint to this service are substantially the same and so we cannot investigate the complaint.