Audley Group Ltd (202334983)

Decision
Case ID	202334983 and 202502601
Decision type	Investigation
Landlord	Audley Group Ltd
Landlord type	Voluntary
Occupancy	Leaseholder
Date	22 April 2026

Background

1. The resident is a leaseholder of an apartment in a retirement village. The building is owned by the landlord. The resident moved into the property in 2020 during COVID-19. He complained about various building issues, maintenance, and car parking during 2023 to 2025 through 2 separate complaints. The resident remained dissatisfied with the landlord’s response to the issues and brought his complaint to us. We have investigated both complaints within this one report.

What the complaint is about

2. The landlord’s handling of concerns about:
   1. Service charges.
   2. Defects within the building and at the property.
   3. Grounds maintenance.
   4. CCTV.
   5. Car parking.
3. We have also considered the associated complaint handling.

Our decision (determination)

4. The service charge issues are outside of our jurisdiction to investigate.
5. We found no maladministration with the landlord’s handling of defects within the building and at the property.
6. We found no maladministration with the landlord’s handling of concerns about grounds maintenance.
7. We found no maladministration with the landlord’s handling of concerns about the CCTV.
8. We found no maladministration with the landlord’s handling of concerns about the car parking.
9. We found no maladministration with the landlord’s handling of the associated complaint.

We have not made orders for the landlord to put things right.

Summary of reasons

10. We will not normally investigate complaints about the level of service charge.
11. The landlord identified and actioned defects, acknowledging some delays during COVID-19 and apologised which was reasonable in the circumstances. We are therefore satisfied there is no maladministration with the landlord’s response to the defects within the building or at the resident’s home.
12. The landlord is complying with its grounds maintenance obligations. The landlord’s explanation of its ongoing work and commitment to maintain the grounds is evidenced in its annual plan of works.
13. The landlord met with the resident to discuss CCTV concerns and committed to reviewing its CCTV policy and share the revised policy with the resident.
14. The landlord has evidenced it manages the car park in accordance with the lease. It was reviewing the car parking spaces and committed to take consistent enforcement action where required. It also engaged with its residents forum.
15. The landlord complied with the Complaint Handling Code.

Putting things right

Where we find service failure, maladministration, or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendations
The landlord should contact the resident to discuss his concerns about outstanding defects. This should include providing the resident with appropriate advice on what action, if any, the landlord will be taking to resolve the issues. The landlord should also make the resident aware of the process of when or how the landlord or resident should make a building warranty claim.
If not already done so, the landlord should share its revised CCTV policy with the resident.

Our investigation

The complaint procedure

Date	What happened
September 2023	The resident raised a complaint to the landlord on 14 September 2023 about various issues at the retirement village relating to the grounds  maintenance, marketing literature discrepancies, and CCTV compliance. The landlord sent its stage 1 response on 29 September 2023. It told him: Ground maintenance It had been working on the wildflower meadow and had made significant progress. It was in the final stages of clearing items away from public view. Marketing literature The marketing information was correct. CCTV compliance It had met with the resident regarding concerns the CCTV did not comply with data handling regulations. It said a revised copy of its CCTV policy would be available shortly.
November 2023 to December 2023	The resident escalated the complaint on 22 November 2023 relating to the sales brochure, schedule 4 of the lease, the village standards, and complaints policy. The landlord responded at stage 2 on 19 December 2023. It told him: Sales brochure: It had reviewed the information contained within its sales brochure and disagreed that this was misleading or inaccurate. Snagging and builders rubble: It acknowledged and apologised for delays in resolving snagging issues within the property due to COVID-19. It was not aware of any outstanding issues however it advised him to report any issues of concern. It obtained planning permission for the development of an area where rubble was situated. It had 3 years from November 2020 to start work which was ongoing to improve the area. Schedule 4 of the Lease: It was aware of 2 issues outstanding relating to the main structure of the building which were in the process of being resolved, however, neither issue related to the resident’s property. It was aware that decorating of cladding across phase 1 of the development was outstanding. It was planning to resolve this as part of cyclical works in 2024. It was aware of a few cracks in communal areas that were being resolved. Windows were cleaned every 2 months, however, during COVID-19 only external surfaces were cleaned. It acknowledged a shortage in housekeeping members, and it apologised for the inconvenience. This was no longer an issue. It had adjusted motion sensors to the lighting to ensure areas were reasonably lit. Standards: Each local management team audit the village and its services monthly. Once a quarter members of the management team are invited to join the audit inspection. It was satisfied it complied with audit standards. A copy of the recent audits were available in the library. Ground maintenance: It believed the grounds were well managed, however, it accepted the grounds were not mature yet. It had an annual plan to prioritise work each year. Communal areas: It said that overall, the communal areas were maintained to high standards of cleanliness and repair. It accepted a few issues such as limescale build up in the leisure pool area, however this had been resolved. Communication: It said that its communications involved weekly updates, monthly newsletters, calendar of events, drop-in sessions and direct communications and minutes from forum meetings. New owners received an orientation and induction. It accepted that things were different when the resident moved in during COVID-19 and contact was kept to a minimum, however, standard induction information was provided. Owners survey: Residents were invited to give their views through an annual survey the results of which were available and an action plan compiled by the management team. Health and Safety On a biannual basis it conducts a health and safety inspection of the property and grounds. The last audit scored 96%. The results were shared with the resident forum, including any risks and actions. Complaints policy: The resident was dissatisfied that their issues were dealt with as a complaint rather than a service request. It said it was correct in handling the issues as a complaint as “any expression of dissatisfaction” should be treated as a complaint. CCTV: It agreed to share the CCTV policy with the resident.
Referral to the Ombudsman January 2024	The resident contacted us as he remained dissatisfied with the landlord’s complaint response.
March 2025	On 10 March 2025, the resident raised a complaint about parking issues. The landlord responded at stage 1 on 20 March 2025. It stated the number of parking bays at the village were sufficient for the number of properties. It acknowledged that some residents had been allocated parking bays that were not located adjacent to their property and it planned to review this situation. It committed to continuing to monitor parking arrangements. It confirmed that it was now enforcing parking rules more consistently. It had identified areas that attracted inappropriate or irregular parking, and it was actively monitoring the spaces. It was committed to updating the owners forum on its plans and action. The landlord said it encouraged ongoing feedback. It had obtained approval for a temporary car park, and it was in a strong position to review overall parking arrangements. The resident escalated his complaint shortly after the stage 1 response.
April 2025	On 4 April 2025, the landlord issued its stage 2 response. It said it was satisfied the management team were acting in an appropriate manner to resolve parking issues.
Referral to the Ombudsman April 2025	The resident asked us to investigate the parking issues stating unauthorised vehicles were parking in owners parking bays, visitors and service vehicles had nowhere to park and a visitor living at the village refused to park in the visitors parking area. The resident asked for the landlord to review its parking policy and procedure.

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

Complaint	Service charges.
Finding	Outside jurisdiction

16. Part of the resident’s complaint is about the level of service charges. We may not consider complaints which in our opinion concern the level of rent or service charge or the amount of the rent or service charge increase. The court or tribunal is best placed to consider this aspect of the complaint. For this reason, the complaint about service charges is outside of our jurisdiction to investigate.

Complaint	Defects.
Finding	No maladministration

17. The resident purchased the property from plan in 2020. The lease outlines the rights of the tenant and landlord or management company. It outlines landlord responsibilities to keep the main structure and the communal building managed areas in good repair and condition and for the resident to keep the property in good and substantial repair and condition.
18. A new homes building warranty is in place for the period 31 July 2020 to 30 July 2030. The landlord correspondence suggests that initial reported defects should be reported to the landlord, however, it is unclear of the process of when or how a new homes building warranty claim would be made. It would be helpful if the landlord would clarify the process with the resident.
19. The resident raised concerns about outstanding building defects when he escalated his complaint to stage 2. The landlord responded at stage 2 on 19 December 2023. It acknowledged and apologised that there were delays in relation to resolving snagging issues at the property due to COVID-19. It is unclear what these defects referred to, the duration of delay and whether any of the reported defects affected the resident’s home. However, the landlord mentioned cladding across phase 1 of the development which was due to commence as part of cyclical works in 2024. The landlord clarified that it was not aware of any issues within the resident’s individual property and that he should contact it if he had any concerns. The landlord’s response was reasonable in the circumstances.
20. We have seen landlord evidence of defects to phase 2 of the development where the resident resides relating to the period from 2022 to 2024. These defects relate to communal issues with lighting, cracks to walls and ceiling and roof works. The spreadsheet where these defects are listed also states that each of these jobs had been completed. The landlord’s record keeping supports the landlord’s position that defects have been resolved. We also have evidence of the maintenance log for the resident’s property from 2022 to 2024 relating to water staining, balcony, windows, tiling, doorbell, underfloor heating, water staining to the ceiling in the bathroom and repairs to a shelf. It is unclear from the evidence whether any of this work remains outstanding, however, the resident reports scratches to the outside windows and a light in the communal area that remains an issue.
21. In conclusion, a landlord is not normally responsible for defects on a new development as part of the defect and warranty period. However, we do expect the landlord to effectively pursue the developer during any defect period and then communicate the building warranty process with the resident where appropriate. The evidence suggests the landlord facilitated the resolution of the issues, acknowledging some delays during COVID-19. We are therefore satisfied there is no maladministration with the landlord’s response to the defects within the building or at the resident’s home.
22. Given the resident reports an issue remains outstanding with the windows and a communal light, we have recommended the landlord contact the resident and take appropriate action in line with the building warranty scheme to resolve these issues.

Complaint	Grounds maintenance
Finding	No maladministration

23. The landlord advertises that a “professional garden and ground maintenance service” is provided at the village. It employs a facilities manager, maintenance operatives, and gardeners to provide the grounds maintenance service. The costs of providing this service are explained in the landlord’s information leaflet and on its website.
24. In September 2023, the resident complained to the landlord about ground maintenance aesthetics that did not correlate to the deed and marketing information. The landlord responded at stage 1 towards the end of September 2023. It told him it had been working on the wildflower meadow, had made significant progress and received positive feedback. It was in the final stages of clearing items from an area that was in the public view.
25. The landlord told the resident it had reviewed its marketing information, and it was satisfied the advertised information was correct. It went on to say that when the resident moved into the property in 2020 during COVID-19 the induction and information provided may not have been as comprehensive as its inductions outside of COVID-19 restrictions. However, it was satisfied that its marketing information reflected appropriately on the retirement village living and facilities.
26. The resident remained dissatisfied and escalated his complaint towards the end of November 2023. The landlord responded at stage 2 in mid-December 2023. It told him it was satisfied that the grounds were well managed however as it was a recent development it accepted that the grounds were not mature yet. It prioritised work according to its yearly plan.
27. The landlord has provided us with its 2024 grounds plan that sets out maintenance tasks for each month of the year. For example, tree planting in February, grass cutting to commence March/April, woodland path preparation – April 2024, bulb planting – November to December 2024. In addition, it provided the resident with information relating to its health and safety building and ground audit that was carried out in October 2023 that recorded a 96% compliance rate. While we have not seen evidence of this audit the landlord said it shared the results and actions with its residents forum.
28. We have not seen any evidence to suggest the landlord is not complying with its grounds maintenance responsibilities. The landlord’s explanation of its ongoing work and commitment to maintain the grounds is evidenced in its annual plan of works. We therefore find no maladministration with the landlord’s response to ground maintenance.

Complaint	CCTV.
Finding	No maladministration

29. The landlord’s information leaflet states that it has CCTV that covers the village. The resident raised a complaint in mid-September 2023 relating to CCTV compliance. The landlord responded at the end of September 2023. It explained that it had met with the resident about his concerns that CCTV did not comply with data handling regulations. We do not have evidence of the specific concerns however the landlord said it would review its CCTV policy. We consider the landlord’s actions to be reasonable in the circumstances.
30. The resident remained dissatisfied and escalated the complaint towards the end of November 2023. The landlord responded at stage 2 in mid-December 2023. It is unclear if the landlord had reviewed the CCTV policy by this time, however, it agreed to share its policy with the resident. While we see this as a reasonable response to the CCTV issues, if not already done so, the landlord should share the revised CCTV policy with the resident.

Complaint	Car parking.
Finding	No maladministration

31. The lease agreement states that the “landlord and management company shall have absolute discretion over the allocation of the parking space and has the right from time to time to nominate to the tenant in writing an alternative parking space within the estate.”
32. Section 11.3 of the lease also states that “the tenant shall have the right to use the parking space for the sole purpose of parking one private motor vehicle ancillary to the tenant’s use of the property.”
33. The resident raised a complaint about parking issues at the village in mid-March 2025. The landlord responded at stage 1 towards the end of March 2025. The landlord said that the number of parking bays were sufficient for the number of properties. It planned to review the allocation of the parking bays to ensure location was near to the property and not to disadvantage residents. The landlord said it was enforcing parking rules more consistently and was monitoring the spaces. It agreed to update the owners forum of its plans and actions and encouraged feedback. These were all reasonable actions by the landlord in response to the car parking issues.
34. The resident escalated the parking issue at the end of March 2025. The landlord responded at stage 2 at the beginning of April 2025. It reiterated its position and told the resident it was satisfied that the management team were acting appropriately to resolve the issues. We see the landlord’s response to be appropriate in the circumstances. For these reasons, we have found no maladministration in the landlord’s response about parking issues at the village.

Complaint	The handling of the complaint
Finding	No maladministration

202334983

35. The resident raised a complaint on 14 September 2023. The landlord acknowledged the complaint on 18 September 2023 and responded at stage 1 on 29 September 2023. The landlord complied with the Complaint Handling Code 10 working day timeframe for issuing a response.
36. The resident escalated the complaint on 22 November 2023. It is unclear when the landlord acknowledged the complaint, however, it sent an extension letter on 12 December 2023 stating it would provide its response by 20 December 2023. The landlord sent its stage 2 response on 19 December 2023.
37. The Code states requests for stage 2 must be acknowledged, defined, and logged at stage 2 of the complaints procedure within 5 working days of the escalation request being received. Landlords must issue a final response to the stage 2 within 20 working days of the complaint being acknowledged. The landlord therefore complied with our Code.

202502601

38. On 10 March 2025, the resident raised a complaint. The landlord acknowledged the complaint on 11 March 2025 and issued its stage 1 response on 20 March 2025 – within the 10-working day timeframe and in compliance with the Code.
39. The resident escalated the complaint at the end of March 2025. The landlord acknowledged the complaint on 26 March 2025 and issued its stage 2 response on 4 April 2025 in compliance with the Code’s 20 working day timeframe.
40. In conclusion, the landlord complied with our Complaint Handling Code and therefore we have found no maladministration in the landlord’s handling of the complaint.

Learning

41. We commend the landlord’s investigation and handling of the complaints. For completeness, the landlord should ensure it provides evidence of its audits to back up its actions.