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Sanctuary Housing Association (202425718)

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REPORT

COMPLAINT 202425718

Sanctuary Housing Association

18 June 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 response to the resident’s concerns about damp.

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 complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident is an assured tenant of the landlord. The tenancy began in October 2002. The landlord has no vulnerabilities recorded for the resident on its system.
  2. The resident made a formal complaint to the landlord on 31 July 2024. He complained about unresolved damp issues throughout the property.
  3. The landlord issued its final response on 1 October 2024. It said that as the resident had an open disrepair claim for damp and mould it was only able to look at the length of time taken to deal with the repairs and how long the complaint had been open and how the complaint was handled. It was aware that damp and mould issues had been addressed in several previous complaints. It was therefore only able to look at the most recent complaint made.
  4. It was aware that its disrepair surveyor would be inspecting and communicating with its contractor to attend and carry out the necessary work. Its disrepair team would then communicate with the resident’s solicitor moving forwards. This would include any claims for damaged items. It awarded £175 compensation. This was broken down as £100 for time and trouble in relation to the damp and mould and £75 for its complaint handling. 
  5. The resident was not satisfied with the landlord’s response and escalated his complaint to this Service. He said the compensation was not enough as the matter remained outstanding. He had experienced damage to his belongings, and it was impacting his health.
  6. Documents provided to this Service show that on 11 November 2024 the resident submitted a housing disrepair claim for damages and specific performance to the county court.

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 the court proceedings where judgement on the merits was given.
  2. The landlord advised this Service, on 14 June 2025, that legal proceedings had commenced. It provided evidence that the county court had received a housing claim for disrepair. Based on the claim number, particulars of claim and the defence, we are satisfied that legal proceedings have been issued.
  3. The resident’s complaint to this Service was that work the landlord had proposed to remedy the damp to his property were inadequate. The documents provided by the landlord demonstrated that the matters being addressed in court relate to the same issues raised in his complaint to us.
  4. In accordance with paragraph 41.c. of the Scheme, the matter is now outside of this Service’s jurisdiction and is a matter to be decided by the courts.