Lambeth Council — case 202101806

REPORT COMPLAINT 202101806 Lambeth Council 4 April 2022 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 The complaint concerns the resident’s application to succeed their late father’s tenancy. Determination (jurisdictional decision) 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. 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 The resident applied to succeed their late father’s tenancy.

The landlord rejected the resident’s application in a letter of 27 January 2021. It explained that there was insufficient evidence that the resident had resided permanently in the property. The resident appealed this decision and the landlord issued a further and far more detailed response on 16 March 2021, which upheld its original decision to refuse the succession application. The resident submitted a complaint to the landlord about its assessment and review of his application.

The landlord provided a final response to the complaint on 16 August 2021 and explained that it was satisfied that it had been correct to refuse succession. The resident referred their complaint to this Service and it was accepted for investigation. Between 10 and 14 March 2022, the resident contacted this Service to inform us that the landlord had issued an eviction notice, submitted a possession claim to the Courts, and that a hearing was provisionally arranged for 4 April 2022.

Reasons Paragraph 39(h) of the Housing Ombudsman Scheme sets out that “The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings”. The resident has confirmed that the landlord has now started possession proceedings and that the matter is due before Court. Therefore, the Ombudsman cannot investigate this complaint.

This Service understands that it will be disappointing for the resident that we cannot investigate their complaint. However, it may be useful to note that the outcome of any investigation could not have prevented the landlord from exercising its right to commence legal action.