Sanctuary Housing Association (202322989)

REPORT

COMPLAINT 202322989

Sanctuary Housing Association

26 June 2025

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example, whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1.             The complaint is about the landlord’s handling of the resident’s:

a.     Reports about a leak in the garden, and associated repairs at the property.

b.     Concerns about the condition of the boiler.

c.      Request to transfer to another property.

d.     Reports of repairs in the kitchen, bathroom, hallway, 2 bedrooms, as well as the guttering at the rear of the property.

e.     Associated complaint.

Background

2.             The resident is an assured tenant of the landlord at the property, a 3-bedroom semi-detached house with a rear garden. The resident is diagnosed with anxiety. The landlord said it had no recorded vulnerabilities for the resident.

3.             In August 2021 the resident reported a leak coming from under the ground in the rear garden of the property. Between August 2021 and December 2021, the landlord attended to this repair and the evidence suggests the resident believed the leak had been fixed.

4.             In April 2023 the resident reported a leak coming from underground in the rear garden. She said it was in the same place as she had previously reported in 2021.

5.             Between June 2023 and August 2023, the landlord contacted its contractor who had repaired the leak in the garden, in 2021. The contractor carried out an inspection at the property. The contractor dug a 4-foot hole in the garden which then filled with water. The contractor told the landlord it would need to contact the water company to excavate the stop tap before it could continue with the works to fix the leak.

6.             On 6 September 2023, the resident raised a complaint to the landlord about its handling of her reports about the leak in the garden at the property. The resident said this was the second time she had been left with a leak, and a 4-foot hole filled with water in the garden. She said she had waited 5 months for the second leak to be resolved and felt the landlord was ‘messing her around’. The resident told the landlord she had muddy water being walked through her house which meant she was having to constantly clean and dry her floors.

7.             The resident also said the landlord had previously told her the boiler at the property was ‘past its sell by date’, but it would not install a new one. The resident said she wanted to be transferred to another property.

8.             In September 2023 the contractor submitted a quote to the landlord for it to carry out additional works at the property. This was to repair issues with the pipework under the garden which it had identified during its excavation.

9.             The landlord provided its stage 1 complaint response on 3 October 2023. The landlord explained its contractor was waiting for the water company to excavate the stop tap, and that it had submitted a revised quote for the works, which it had approved. The landlord said it aimed to complete the works to repair the leak by 19 October 2023. It asked the resident to confirm if the muddy carpets in her property had been caused by its contractors.

 

10.        The landlord explained its process was to repair boilers in its properties. It said it would only replace them once they were unable to be repaired. The landlord said the resident’s last report about a fault with the boiler was in 2019. It advised the resident to report any faults about the boiler to its maintenance team.

11.        On 4 October 2023, the resident asked the landlord to escalate her complaint. She said the landlord’s dates did not match and that no works had been carried out since August 2023. She asked the landlord to explain why its contractor needed to amend its original quote.

12.        In October 2023 the landlord asked the water company to excavate the stop tap. The water company said the works needed to be reported by the resident. The resident then liaised with the water company directly.

13.        On 26 October 2023 the landlord provided its final response to the resident’s complaint. The landlord said it would only investigate its handling of the leak in the garden dating back 6 months before she raised her complaint. The landlord accepted and apologised for its delays in its handling of the leak in the garden. It said its contractor would complete the works after the water company had excavated the stop tap. It said it would provide a further final response, including an amount of compensation after the water company had excavated the stop tap so it could take into consideration any further delay in its contractor being able to complete the repairs.

14.        The landlord also said it could find no reports the boiler at the property was faulty so it could not investigate this further.

15.        Between November 2023 and December 2023, the water company excavated the stop tap, and the contractors carried out works to fix the leak in the garden. After the contractors said the work had been completed, the resident said she had been left with pooling water in the garden which had frozen over, and the patio slabs in the garden were not secure.

 

16.        On 18 December 2023 the landlord’s surveyor carried out an inspection of the resident’s property. The surveyor said the crack in the kitchen wall inside the property was not structural or a cause for concern. The surveyor recommended the landlord should carry out the following works:

a.     Repair the leaking guttering and install additional drainage at the rear of the property.

b.     Fix the loose taps on the basin, bath, and downstairs toilet.

c.      Repair the flooring in the hallway, and the bathroom.

d.     Repair the plaster around the main bedroom window and adjust the window.

e.     Apply damp and mould treatment to the:

1. Sink base unit in the kitchen.
2. Affected areas above the windows in the main and rear bedrooms.

17.        In January 2024 the resident asked the landlord to address the:

a.     Loose patio slabs, as well as the damaged step and wall leading to the garden.

b.     Mould running along the vertical crack up the kitchen wall.

c.      Resident’s concerns that the foundations of the property had been compromised by the leak.

18.        In March 2024 the resident reported the boiler was not working and there was no heating or hot water at the property.

19.        Between March 2024 and April 2024, the landlord’s contractor submitted a further quote to carry out additional works at the property to resolve the leak in the garden and carry out damp proof works.

20.        On 5 June 2024 the landlord provided its further final response to the resident’s complaint. It awarded the resident £1,550 compensation.

21.        The landlord replaced the resident’s boiler on 15 July 2024.

22.        The resident remained dissatisfied with the landlord’s final response to her complaints. She brought her complaint to the Ombudsman stating:

a.     The slabs had never been repaired and there is now a 4th leak in the garden.

b.     The landlord had not carried out any of the internal works at the property listed in its inspection dated December 2023.

c.      There was damp in the hallway, the hallway door did not shut, and the landing was sloping which she believed might be linked to the underground leak which had lasted 4 years without being resolved. The resident said the landlord had ignored her comments about this.

23.        The resident said she wants to feel settled in her property. She is seeking for the landlord to:

a.     Listen to her concerns raised within her complaints.

b.     Use appropriate and qualified professionals to carry out the repairs both internally and externally to the property.

c.      Provide her with support in her request to transfer her to another property.

Assessment and findings

24.        When investigating a complaint, the Ombudsman applies its Dispute Resolution Principles. There are three principles driving effective dispute resolution: Be fair – treat people fairly and follow fair processes, put things right, and learn from outcomes.

25.        The Ombudsman must consider whether a failing on the part of the landlord occurred, and if so, whether this led to any adverse effect or detriment to the resident. If it is found that a failing did lead to an adverse effect, the investigation will consider whether the landlord has taken enough action to ‘put things right’ and ‘learn from outcomes.

 

 

Scope of investigation

26.        Paragraph 42.a. of the Housing Ombudsman Scheme states that the Ombudsman may not consider complaints, which in the Ombudsman’s opinion are made prior to having exhausted a member’s [landlord’s] complaints procedure, unless there is evidence of a complaint-handling failure, and the Ombudsman is satisfied that the member has not taken action within a reasonable timescale.

27.        In September 2023 the resident raised a complaint about the landlord’s handling about her concerns about the condition of the boiler.

28.        We acknowledge that in March 2024; the resident reported her boiler had broken down. This resulted in her having no heating or hot water until the boiler was replaced on 15 July 2024. This incident regarding the boiler breaking down was 5 months after the landlord provided its final response to this aspect of the resident’s complaint. We also understand the boiler was working at the time the landlord provided its final response on 26 October 2023. Therefore, the landlord has not had an opportunity to respond to the resident about this incident through its complaints process.

29.        For these reasons, in line with paragraph 42.a. of the Scheme, we will only consider the resident’s complaint about the condition of the boiler from September 2022 until the landlord’s final response on 26 October 2023. This includes the 12 months before the resident raised her complaint. If the resident wishes to pursue a complaint about the landlord’s handling of the repair of her boiler from March 2024, she can contact the landlord to raise a new complaint. Once she has exhausted the landlord’s complaints process, she can refer this complaint to the Ombudsman if she remains dissatisfied with the landlord’s final response.

 

 

30.        In September 2023, the resident included as part of her complaints, her request to transfer to another property. The landlord told the resident it could not deal with her request to transfer to another property as part of her complaint. The landlord did not then address this aspect of the resident’s complaint in its stage 1 response or in its final written responses to her complaints. We consider that this is evidence of a complaint-handling failure. Therefore, in line with paragraph 42.a. of the Scheme, we will assess the landlord’s handling of the resident’s request to transfer to another property. Although the landlord has not addressed this through its complaints process.

31.        In December 2023 the landlord’s surveyor carried out an inspection of the property. This inspection was to assess any outstanding works following the leak in the rear garden. During this inspection the landlord’s surveyor raised a number of internal and external repairs. In the landlord’s further final response to the resident’s complaints on 5 June 2024, the landlord said it would monitor these additional works until they were completed. This further final response told the resident if she remained dissatisfied, she could refer her complaints to the Ombudsman. Therefore, we consider the landlord to have exhausted its complaints process, having granted referral rights to this aspect of the resident’s complaint to the Ombudsman.

Policies and procedures

32.        The landlord’s repairs policy states its repairs fall into categories of emergency and appointed repairs. It describes an appointed repair as all non-emergency repairs for which it requires access to a resident’s property. These repairs will be carried out by an agreed appointment with the resident. The landlord aims to complete these types of repairs within 45 days.

33.        The landlord has a 2-stage complaints process. It will acknowledge a resident’s stage 1 complaint within 5 working days. It will then provide its written response at stage 1 within 10 working days of its acknowledgement.

 

34.        The landlord will provide its stage 2 written complaint response within 20 working days. It will discuss and provide a resident with an explanation if it requires more time to respond to a resident’s complaint, at either stage. The landlord will then agree a timescale with the resident detailing when it will provide its complaint response.

The resident’s reports about a leak in the garden, and associated repairs at the property.

35.        The resident has said she reported the leak in her rear garden in April 2023. We have not been provided with any evidence of this report, so we are unable to determine the exact date it was made. It is accepted the landlord’s contractor who had previously fixed a leak coming from the same part of the garden in 2021, attended the resident’s property during June 2023. The contractor then submitted a quote for the works to fix the leak. The landlord approved the quote for the works on 8 August 2023.

36.        There is evidence of poor record keeping by the landlord during this period. We would expect the landlord to be able to provide sufficient information to the Ombudsman about when a repair was raised and the date its contractors carry out an inspection. We would also expect inspections to be carried out within 28 days of the repair being raised, in line with industry best practice.

37.        In the landlord’s stage 1 complaint response to the resident’s complaint on 3 October 2023, the landlord asked the resident to confirm if its contractors had been responsible for causing the mud on the floors of the property. We acknowledge the resident felt the language use by the landlord was inappropriate. However, we consider this to have been a reasonable response by the landlord to identify if it were responsible so it could investigate this and consider any redress which may be due.

 

 

38.        In the landlord’s final response to the resident’s complaint, it was appropriate the landlord acknowledged the resident felt distressed by its stage 1 complaint response about the muddy floors. It was reasonable the landlord apologised if the resident felt its language had caused her any distress. This was a proportionate response by the landlord in respect of this aspect of the resident’s complaint.

39.        On 24 August 2023 the contractor told the landlord it could not carry out any further works to repair the leak in the garden, until the water company excavated a stop tap that had been buried. Records show it took the landlord 55 days to first raise this request to the water company. The landlord should have raised this repair with the water company within 5 working days. Although we acknowledge it then needed to wait for the water company to excavate the stop tap before continuing and this further delay was outside the landlord’s control.

40.        The contractor completed the works to fix the leak in the garden on 11 December 2023. This was 24 days after the water company completed its works to excavate the stop tap. This was a reasonable response, as we would expect the landlord to have completed the works to fix the leak within 28 days of the water company notifying the landlord it had carried out the works for which it was responsible.

41.        On 12 December 2023, the resident told the landlord the slabs in the rear garden had been left insecure following the leak. She also said the concrete step leading to the garden needed to be repaired or replaced. The resident told the landlord its contractor had told her it would return in February 2024 to carry out these repairs. We have not been provided with any evidence to corroborate what the resident had said the contractor told her. Where there is a lack of independent evidence to support the account made by the resident, the Ombudsman as an impartial arbiter cannot determine what happened.

 

 

42.        However, we have also not seen any evidence the landlord carried out the repairs to the slabs, or the concrete step in the rear garden. In the landlord’s additional final response to the resident’s complaint on 5 June 2024, the landlord accepted these works had not been completed at that time, and it agreed to monitor the outstanding works at the property.

43.        The resident has informed us that these works remain outstanding. We have also not seen any record of the landlord attempting to complete these works. Therefore this is a failing in the landlord’s handling of its repairs. The landlord should have carried out an inspection within 28 days of the resident raising these further repairs. It should have then set out a schedule of works and completed any repairs for which it is responsible within a further 28 days of its inspection.

44.        We will make an order for the landlord to carry out an inspection of the resident’s garden, including the insecure slabs, and broken concrete step.

45.        The resident has also said the landlord has failed to address the vertical crack on the inside of the kitchen wall. She said this is where water from the leak in the garden had been running into. Records show the landlord included this in its inspection in December 2023, and it raised no concerns. The resident has said this crack has become significantly worse and now suffers with damp. Therefore we will make an order for the landlord to carry out a survey of the vertical crack in the wall of the kitchen of the property.

46.        The landlord is to then set out a schedule for the above works for which it is responsible including timescales for completing the works, which it is to share with the resident and the Ombudsman.

47.        For the reasons described above, the Ombudsman makes a finding of maladministration for the landlord’s handling of the resident’s reports about a leak in the garden, and associated repairs at the property.

 

48.        The landlord apologised for its delays and awarded the resident £600 compensation within its final responses for this aspect of her complaint. We have considered our own remedies guidance (published on our website) in respect of compensation. This amount awarded by the landlord is within the range of compensation the Ombudsman would issue if the landlord had not made this offer.

49.        Therefore, we will not increase the level of compensation the landlord awarded the resident for this aspect of the resident’s complaint. Examples of this level of compensation in our guidance include where the landlord has made errors which caused significant distress and inconvenience to the resident.

50.        However, this will remain a finding of maladministration for the landlord’s handling of the resident’s reports about a leak in the garden, and associated repairs at the property because some of the repairs are still outstanding so the issues are not fully resolved for the resident.

The resident’s concerns about the condition of the boiler.

51.        The resident said that between 2022 and 2023, the landlord’s contractor told her the boiler at the property was ‘past its sell by date’ during its annual inspection. She said the contractor said they would normally recommend the boiler was replaced due to it being at least 20 years of age, but the landlord would be unlikely to fit a new one.

52.        We acknowledge what the resident has said. However, where there is a lack of independent evidence to support the account made by the resident about what the contractor had said, the Ombudsman cannot determine what happened. We have also not seen any records between 2022 and 5 September 2023, showing the landlord had been aware of any requests to repair or replace the boiler. Therefore, we are unable to assess the landlord’s handling of the resident’s concerns about the condition of her boiler before she raised this in her complaint on 6 September 2023.

 

53.        On 6 September 2023, the resident told the landlord she had previously been informed the boiler at the property was ‘past its sell by date’ and it would not install a new one. In the landlord’s stage 1 complaint response it said it had investigated the repair records for the boiler and could not find any reports of a fault before 2019. This was a reasonable response by the landlord because it investigated its records relating to the boiler and shared its findings with the resident. The landlord also acted appropriately by telling the resident to report any identified faults about her boiler to its maintenance team.

54.        In the landlord’s final response to the resident’s complaint on 26 October 2023, the landlord repeated its communication to the resident she had not made any recent reports about any faults or repair issues about the boiler at the property.

55.        The landlord’s overall handling of the resident’s concerns about the condition of the boiler during this period in respect of its communication is considered to have been appropriate given regard to all the circumstances. It is accepted the boiler was old, however the landlord would not be expected to replace the boiler where it was not aware of it being broken and when it had passed its annual safety inspection. We are also aware the landlord replaced the boiler at the property in July 2024 but as explained above, we have not investigated the more recent issues with the boiler which led to its replacement in July 2024.

56.        For the reasons described above, the Ombudsman makes a finding of no maladministration for the landlord’s handling of the resident’s concerns about the condition of the boiler. The landlord does not need to do anything further regarding this aspect of the resident’s complaints.

The resident’s request to transfer to another property.

57.        The resident told the landlord she wanted it to assist her in transferring to another property, as part of her complaints on 6 September 2023. We have not seen any evidence the landlord addressed the resident’s request within its stage 1 or final response to her complaints. This is a failing in the landlord’s communication because it should have responded to the resident’s request by explaining to the resident what options were available to her including:

a.     How she could submit an application requesting a transfer to another property.

b.     By providing details of how she could apply to its mutual exchange scheme.

58.        Landlords will generally only agree to move residents in exceptional circumstances, such as if their current property is unsuitable for them due to medical needs, or if it is too small for their household, meaning they are overcrowded. If the resident considers she needs to be rehoused she can make a formal request for rehousing to the landlord.

59.        The landlord would be expected to consider the resident’s request and respond in line with its housing allocations policy. The resident may also wish to consider her other options for rehousing such as a mutual exchange, and we will make an order that the landlord provides information to the resident in respect of her rehousing options.

60.        For the reasons described above the Ombudsman makes a finding of service failure for the landlord’s handling of the resident’s request to transfer to another property.

61.        We have considered our own remedies guidance, and the landlord is to pay the resident £100 compensation. The remedies guidance gives examples of an award in this range where there has been a minor failure in the service provided by the landlord and its action to put things right did not fully reflect the negative impact to the resident.

The resident’s reports of repairs in the kitchen, bathroom, hallway, 2 bedrooms, as well as the guttering at the rear of the property.

62.        On 18 December 2023 the landlord’s surveyor carried out an inspection of the resident’s property. Following this inspection the landlord raised a number of internal and external repairs to the property. We accept that by 1 June 2024, the landlord had fixed the guttering and carried out a treatment of the damp and mould in the affected areas of the kitchen, and 2 of the bedrooms. This was 114 working days after its inspection.

63.        We acknowledge within that time the resident asked the landlord to reschedule an appointment on one occasion in April 2024, due to feeling unwell. However, these were routine repairs, and we would expect these types of repairs to be completed within 28 days, in line with industry best practice.

64.        We have also seen no evidence the landlord kept the resident updated during its delays in carrying out these repairs. We expect landlords to provide residents with realistic timescales for when they will carry out repairs and it should keep residents updated on its progress. The landlord’s failure to provide regular updates is evidence of poor communication.

65.        The resident has said that since the Summer of 2024, she has refused access for the landlord to carry out any of the other repairs raised within its inspection on 18 December 2023. The resident said this is because she is dissatisfied with the landlord’s standard of works to other repairs it has completed at the property. We are not commenting on the resident’s reasons for refusing the landlord access to complete these repairs. We understand the resident is concerned about the quality of works carried out so far. However, it is a condition of the tenancy agreement that the resident must allow access to the landlord and its contractors to carry out repairs. The landlord cannot be held responsible for the delays in carrying out these outstanding repairs, as referred to above, where it has been refused access from 1 June 2024.

66.        However, we would have expected the landlord to have completed these other repairs at the property within 28 days after its inspection on 18 December 2023. This is a failing in the landlord’s handling of these repairs.

67.        There is evidence of failings, as mentioned above in the landlord’s handling of the resident’s reports of repairs in the kitchen, bathroom, hallway, 2 bedrooms, as well as the guttering at the rear of the property.

68.        In the landlord’s final response to the resident’s complaint on 5 June 2024, the landlord awarded the resident £700 compensation which it said was for the loss of enjoyment of the resident’s property whilst the works remained outstanding. This amount awarded by the landlord is within the range of compensation the Ombudsman would issue if the landlord had not made this offer.

69.        We have taken into consideration that some of the works remain outstanding at the property. However, the resident accepts this is in part due to the landlord being unable to gain access to the internal parts of the property. Therefore the Ombudsman makes a finding of reasonable redress for the landlord’s errors in respect its handling of the resident’s reports of repairs in the kitchen, bathroom, hallway, 2 bedrooms, as well as the guttering at the rear of the property.

70.        Due to the significant time since the landlord’s previous inspection of the property, we will make a recommendation for the landlord to continue to engage with the resident to seek access and carry out an independent survey of the property. The landlord should then set out a schedule of works for which it is responsible, including timescales, which it is to share with the resident.

The resident’s associated complaint.

71.        The landlord’s stage 1 response was a few days late but it had contacted the resident to say it needed more time so this was reasonable. The landlord’s stage 2 response was on time, in line with the Code.

72.        In the landlord’s final response to the resident’s complaints, the landlord explained it would provide a further final response detailing its award of compensation. The landlord’s explanation was reasonable because it had no control over how long it would take the water company to complete its excavation works, to allow its contractor to continue repairing the leak in the garden.

73.        However, it was not appropriate the landlord took another 156 working days to provide the resident with its offer of redress. The water company completed its works on 17 November 2023. Therefore, the landlord should have set its timescales for its schedule of works, and provided its offer of compensation within 10 working days of the water company providing notification it had carried out its excavation of the stop tap. This is a significant delay, which we understand caused the resident distress who was trying to seek a resolution to her complaint.

74.        The landlord awarded the resident £250 compensation within its further final response on 5 June 2024, for this aspect of her complaint. This amount awarded by the landlord is within the range of compensation the Ombudsman would issue if the landlord had not made this offer. Therefore the Ombudsman makes a finding of reasonable redress for the landlord’s errors in respect of the landlord’s handling of the resident’s associated complaint.

Determination (decision)

75.        In accordance with paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports about a leak in the garden, and associated repairs at the property.

76.        In accordance with paragraph 52 of the Scheme, there was no maladministration in the landlord’s handling of the resident’s request to transfer to another property.

77.        In accordance with paragraph 52 of the Scheme, there was service failure in the landlord’s handling of the resident’s request to transfer to another property.

78.        In accordance with paragraph 53.b. of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, satisfactorily resolves its handling of the resident’s:

a.     Reports of repairs in the kitchen, bathroom, hallway, 2 bedrooms, as well as the guttering at the rear of the property.

b.     Associated complaint.

Orders and recommendations

Orders

79.        The landlord is to apologise to the resident in writing within 28 days of the issue of this report. The apology is to be in line with this service’s guidance that it acknowledges the maladministration, and service failure for which it expresses a sincere regret for its handling of:

a.     Reports about a leak in the garden, and associated repairs at the property.

b.     Request to transfer to another property.

80.        The landlord should provide the resident with the following information in writing:

a.     How she can submit an application to the landlord requesting a transfer to another property.

b.     Details of how she could apply to its mutual exchange scheme.

81.        The landlord is to pay the resident £100 in recognition of its service failure for its handling of her request to transfer to another property.

82.        The landlord is to:

a.     Carry out an inspection of the resident’s garden, including the insecure slabs, and broken concrete step.

b.     Arrange for a survey of the vertical crack in the wall of the kitchen of the property.

83.        The landlord is to then set out a schedule for the works for which it is responsible including timescales for completing the works, which it is to share with the resident and the Ombudsman.

84.        The landlord is to share evidence with the Ombudsman confirming that it has complied with the above orders within 28 days of the date of this report.

Recommendations

85.        The landlord should pay the resident the £1,550 it awarded her in its final complaint response, unless this has already been paid. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.

 

86.        The landlord should continue to engage with the resident to seek access and carry out an survey of the property. The landlord should then set out a further schedule of works for which it is responsible, including timescales, which it is to share with the resident.