Sanctuary Housing Association (202104712)

REPORT

COMPLAINT 202104712

Sanctuary Housing Association

10 March 2022

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

The complaint is about the landlord’s response to the notice period and date of notice used by the landlord when the residednt left the property.

Background and summary of events

The resident is an assured non-short hold tenant of the landlord at the property and is subject to the terms and conditions contained in the tenancy agreement. The landlord is a housing association.
The landlord operates a two-stage complaints policy. The policy requires that the complainant is kept updated throughout the complaints process. If the resident makes a complaint at the first stage, the landlord should respond within 10 working days. If the resident is dissatisfied with the response, the resident can request an independent internal review of the decision and it aims to provide a response within 20 working days.
Under the terms of the tenancy agreement the resident must give the Landlord at least four weeks’ notice in writing if the resident wishes to end the agreement. The four weeks’ notice shall only commence when the landlord has received the written notice.
The landlord operates an ASB policy. The policy notes that ASB is any aggressive, intimidating or destructive activity that damages or destroys another person’s quality of life and can include vandalism and damage to property.

Summary of events

On 17 November 2020, the resident contacted the landlord and reported that on 16 November 2020, unknown individuals had thrown stones at his car causing damage and that he had left the property in fear of his life. The landlord asked for further information about the incident and for the resident to provide a police reference number.
On 20 November 2020, the resident contacted the landlord by email and supplied a police reference number in relation to the ASB incident that took place at the property, the resident also supplied reference numbers from historic reports of ASB from 2017 and 2018. He advised that he was currently looking for private rental accommodation and would collect his belongings once he found a property.
On 24 November 2020, the resident contacted the landlord and advised that he had found a property and asked the landlord if it could supply a reference.
On 26 November 2020, the landlord contacted the resident and advised that it would be able to supply a reference but would need to be contacted by the new landlord directly and supplied with a third-party authority form.
On 2 December 2020, the landlord received the reference request but it did not come with the third party authority form. The landlord contacted the resident and received verbal authority and advised that it may take up to 10 working days to complete and return the reference due to Covid staff shortages.
On 14 December 2020, the resident contacted the landlord and advised that he had secured a new property. He advised that he would hire a van to remove his belongings and return the keys and sign any paperwork required. The landlord responded and advised that it would require 28 days’ notice to terminate the tenancy. It requested that the resident send a photograph of a signed letter ending his tenancy so that the process could begin.
On 17 December 2020, the resident provided the landlord with a photograph of a signed letter ending his tenancy. The resident stated that he had backdated it to 20 November 2020 stating that he had previously given notice to the landlord in an email on 20 November 2020.
On 24 December 2020, the landlord wrote to the resident and agreed to reduce the notice period to two weeks due to the resident’s circumstances. It confirmed the resident’s tenancy termination and stated that the tenancy would now end on 3 January 2021.
On 8 February 2021, the resident contacted the landlord and made a complaint that he was charged two weeks rent as a notice period which left his rent account in arrears of £276.53.
On the 23 February 2021, the landlord issued the resident with its stage one response and advised the following:
1. The only report of ASB that it had received from the resident was a request that the fence at the side of the garage be blocked up to prevent unknown persons, who the resident suspected of smoking drugs on his driveway, from gaining access.
2. It stated that it was unable to take any action in relation to the ASB as it was not reported until after the resident had left the property and that he advised police that he did not know who the perpetrators were.
3. It advised that under the tenancy agreement the resident was required to give four weeks’ notice to terminate the tenancy however due to the circumstances it offered a two-week notice period from when it received the resident’s written notice on 18 December 2020. This meant the tenancy ended on 3 January 2021 and the resident owed £172.54.
On 6 March 2021, the resident contacted the landlord and asked for his complaint to be escalated to stage two of the landlord’s complaints process. He advised that he should not be charged £172.54 for a property that was unsafe to live in and that the police had told him to get out. He advised that he should be credited due to the circumstances.
On 12 March 2021, the landlord acknowledged the resident’s escalation request and advised that it had not received any contact from the police in relation to the incident or any advice given. It requested that the resident contact the police and ask them to provide confirmation of their attendance and the advice given within 10 working days.
On 12 March 2021, the resident advised the landlord that they left the property on 14 November 2020 and provided pictures of damage to his car. The resident requested £733 compensation for the accommodation from when he had to flee the property.
On 31 March 2021, the landlord provided the resident with its stage two response and highlighted the following:
1. It advised that there was a process in place for when a resident had to leave a property due to ASB and this included the police contacting it directly and support the request for an immediate decant with a view to rehouse. It advised that it had not received any information from the resident or the police in relation to the ASB incident at the property on 16 November 2020
2. It advised that it was not given the opportunity to investigate the previous incidence of ASB as they were not reported by the resident. Additionally at the time of contacting it to report the incident of 16 November 2020 the resident had already left the property and he did not pursue its request for further information in relation to the incident due to his intention to relocate.
3. It apologised that the resident felt need to leave his property but it was evident that it did not receive formal notification to end the tenancy agreement until the resident had secured his private accommodation on 17 December 2020
4. It advised that under the contract the resident was obligated to give four weeks written notice but due to the circumstances reduced the period to two weeks.
On 31 March 2021, the resident contacted the landlord and advised that he was not happy with its stage two response and that he wanted £733 compensation for the accommodation from when he had to flee the property.
On 1 April 2021, the landlord contacted the resident and advised that if he was unhappy with its decision he could escalate his complaint to the Housing Ombudsman.

Assessment and findings

Under the resident’s tenancy agreement the resident must give four weeks written notice to the landlord in order to end the tenancy. The evidence provided demonstrates that the resident provided the landlord with a copy of a written notice to terminate the tenancy on 17 December 2020. Under the terms of the agreement this would mean that the tenancy would officially end on the 15 January 2021 and the resident would have liability for the rent up to this date. The resident advised that he gave the landlord notice on 20 November 2021, the email provided failed to give clear intention to terminate the agreement however to avoid any ambiguity the landlord should have followed up with the resident and checked if he was giving notice and explained the termination process.
The resident stated that he should not have to pay the rent for the notice period due to the ASB which he experienced at the property. It is not the Ombudsman’s role to decide if the actions of the alleged perpetrators amounted to ASB, but rather, whether the landlord dealt with the resident’s reports about this appropriately and reasonably. Our duty is to determine complaints by reference to what is, in this Service’s opinion, fair in all the circumstances of the case.
It is not disputed that the resident raised concerns about the ASB incident after he had already left the property in November 2020. The landlord took a resolution focused approach and asked the resident to provide further information in relation to the incident and provide information about the police attendance and the advice given. The resident stated that he was unable to identify the perpetrators and therefore the landlord was unable to investigate the matter further. The resident asked the landlord for £733 compensation for accommodation from when he left the property however the landlord appropriately stated that it had complied with its ASB policy and procedures. The landlord’s actions given the resident had left the property and did not wish to return were appropriate and in line with its ASB policy.
It is evident and not disputed that the ASB issues at the property had an acknowledged impact and caused the resident significant distress. The landlord appropriately advised that due to the circumstance of the case it would reduce the notice period to two weeks which was appropriate given the circumstance of the case. In summary, the resident was obliged by the terms of his tenancy agreement to provide four weeks’ notice. The landlord considered the ASB and circumstances of the case and reduced the notice period to two weeks which the Ombudsman considers was reasonable.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident ending the tenancy following reports of antisocial behaviour.

Reasons

The resident was obliged by the terms of his tenancy agreement to provide four weeks’ notice. The landlord took a resolution focused approach and considered the ASB and circumstances of the case and reduced the notice period to two weeks which was appropriate.