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Sanctuary Housing Association (202348283)

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REPORT

COMPLAINT 202348283

Sanctuary Housing Association

3 September 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:
    1. Damp and mould and kitchen repairs at the resident’s property.
    2. The associated complaint.

Background

  1. The resident is an assured tenant of the landlord. The resident has vulnerabilities which the landlord is aware of.
  2. On 15 November 2022, the resident reported repair issues with her kitchen.
  3. On 9 January 2023, the resident contacted the landlord and reported damp and mould at her property.
  4. On 4 March 2023, the resident submitted a complaint to the landlord. She stated damp and mould works, and kitchen repairs were outstanding at her property. The resident also explained she was currently pregnant and stated her pregnancy was high risk. Therefore, she stated the repairs needed to be completed urgently.
  5. The landlord provided its interim stage 1 complaint response to the resident on 20 May 2023. It apologised for its poor communication and explained it had requested an update on the outstanding repairs from the relevant department.
  6. On 2 June 2023, the landlord provided its stage 1 complaint response to the resident. It acknowledged that works to resolve the damp and mould at her property had not been logged on its system. The landlord confirmed it had resubmitted a request onto its repairs system and stated a contractor would attend the resident’s property on 23 June 2023. It apologised for the kitchen and damp, and mould works remaining outstanding.
  7. The landlord provided an additional stage 1 complaint response to the resident on 4 July 2023. It apologised for the delays in resolving the kitchen repairs and damp and mould at the resident’s property. The landlord explained it had booked a damp and mould survey to be carried out at the resident’s property on 5 July 2023. In addition, it stated it planned to start the kitchen replacement on 28 August 2023. The landlord offered the resident £325 compensation to recognise the distress and inconvenience caused by the delays in completing the repairs.
  8. In July 2023 and August 2023, the landlord’s contractor fitted an extractor fan in the resident’s bathroom and carried out a mould wash.
  9. On 15 September 2023, the resident contacted the landlord and requested her complaint to be escalated to the next stage of the landlord’s complaints process. She explained she was unhappy with the landlord’s suggested resolution and wanted further compensation.
  10. The landlord provided its stage 2 complaint response to the resident on 25 October 2023. It explained a recent visit from its surveyor identified the kitchen did not require replacement and the issues could be addressed by completing necessary repairs. The landlord also confirmed the survey identified further works to resolve the damp and mould at the resident’s property and explained it would complete these by 15 November 2023. It offered the resident £1,673 compensation to recognise the distress and inconvenience caused by the delays. £1,273 was for the kitchen, and damp and mould repairs and £400 was for complaint handling errors. The compensation offer was in addition to the £325 the landlord offered in its stage 1 complaint response.
  11. In December 2023, the landlord completed the required repairs to the kitchen.
  12. The resident remained dissatisfied with the landlord’s response and submitted her complaint to the Ombudsman. She stated she wanted the landlord to improve its processes and communication for handling repairs.
  13. In July 2024, the resident permanently moved to a new property. The landlord stated all the recommended damp and mould works were completed prior to the resident moving property.

Assessment and findings

Scope of investigation

  1. The resident has mentioned as part of her complaint that the damp and mould and outstanding repairs impacted her health. The resident also stated she was going through a high-risk pregnancy during the period the repairs were outstanding. We acknowledge this has been a very difficult time for the resident. However, it is outside the Ombudsman’s role to determine whether there is a direct link between the landlord’s actions or inaction and any specific impact on the resident’s health. It would be more appropriately suited for a court or liability insurer to investigate this as a personal injury claim. Courts can award damages in a different way to the Ombudsman and review medical evidence. However, it is generally accepted that damp and mould can pose a significant health risk. This service can consider the general risk, and distress and inconvenience caused by any errors by the landlord as well as the landlord’s response to the resident’s concerns about her health.

Policies and Procedures

  1. The resident’s tenancy agreement states the landlord is responsible for maintaining and repairing the structure and outside of the property including, the roof, outside walls, window frames, windowsills, and gutters. In addition, the tenancy agreement explains the landlord is responsible for repairing internal walls, floors, and ceilings.
  2. The landlord’s repairs procedure includes the following response timescales for repair categories:
    1. Emergency repairs- the landlord will complete the repair within 24 hours.
    2. Routine repairs – the landlord will complete the repair within 28 days.

Damp and mould and kitchen repairs at the resident’s property.

  1. In November 2022, the resident contacted the landlord and explained she previously reported repairs issues with her kitchen and was waiting to receive an update. The landlord responded appropriately to the resident’s concerns about the kitchen and attended the resident’s property in December 2022 and inspected the kitchen. The inspection identified that the kitchen units and flooring required replacing.
  2. Shortly after the inspection, the resident contacted the landlord in January 2023 and reported damp and mould in her property. The landlord responded appropriately and booked an appointment for 23 January 2023 to inspect the damp and mould. However, the landlord’s contractor did not attend the appointment. This was unreasonable and it would have been appropriate for the landlord to book a new appointment as soon as possible.
  3. On 26 January 2023, the landlord’s contractor attended the resident’s property to inspect and complete repairs to the guttering, due to the guttering leaking and potentially contributing to the damp. However, the ladder the contractor had access to could not reach the guttering. Therefore, the landlord was required to arrange a new appointment for when it had access to a tall mobile tower scaffold. The Ombudsman recognises this delay would have been outside the landlord’s control as it would not necessarily have known in advance that specialist equipment would be needed, which would take some time to arrange.
  4. The landlord failed to carry out repairs to the resident’s kitchen or to resolve the damp and mould at the resident’s property which was unreasonable. Due to this, the resident submitted a complaint to the landlord In March 2023. She also continued to chase the landlord to complete the outstanding repairs and highlighted the urgency due to her being pregnant at the time. The Ombudsman would have expected the landlord to consider the repairs as a priority in view of the resident’s circumstances.
  5. The landlord apologised in its stage 1 complaint responses issued in May and June 2023 that the damp and mould and kitchen repairs were outstanding. It also confirmed it planned to carry out the necessary repairs before the end of June 2023. The landlord acted appropriately by recognising the delay in completing the necessary repairs. Shortly after, the landlord’s contractor attended the resident’s property on 8 June 2023 and cleared the gutters. The landlord took appropriate steps by carrying out works to the gutter. However, the delay in the landlord completing this was unreasonable and outside the timescales referenced in its repairs policy.
  6. The landlord also provided the resident with a further stage 1 complaint response on 4 July 2023. It confirmed a damp and mould survey would be carried out at the resident’s property on 5 July 2023 and the resident’s kitchen would be replaced on 28 August 2023. In addition, to recognise the distress and inconvenience caused by the outstanding repairs, the landlord offered the resident £325 compensation. It is positive the landlord offered the resident compensation. However, considering the repairs were outstanding for more than 6 months and the resident had vulnerabilities, the compensation offered was not sufficient to recognise the distress and inconvenience caused. The landlord offered additional compensation in its stage 2 complaint response, which was reasonable to correct this error.

 

  1. Following the stage 1 complaint response, the landlord’s surveyor visited the resident’s property and carried out a damp and mould survey. The surveyor recommended for the installation of a larger extractor fan in the resident’s bathroom. The landlord took appropriate steps by following the surveyor’s recommendation and its contractor installed a new extractor fan in the resident’s bathroom. In addition, the landlord carried out a mould wash in August 2023.
  2. The landlord acted reasonably by completing a further damp and mould survey, as the works the landlord carried out did not resolve the damp and mould issue at the resident’s property. The survey was carried out on 8 October 2023, and several works were recommended. The works included mould treatment, redecoration, gutter works, fitting a humidistat in the bathroom and kitchen and inspecting the roof.
  3. The landlord explained in its stage 2 complaint response it would complete the recommended damp, and mould works by 5 November 2023. It also explained its surveyor confirmed the kitchen did not require replacement and the issues could be addressed by carrying out repairs. The landlord failed to carry out any repairs to the kitchen for a considerable amount of time and the delay was unreasonable. The landlord apologised for the delays and offered the resident an additional £1,273 compensation to recognise the distress and inconvenience caused by the delays. This amount was in addition to £325 compensation the landlord offered in its stage 2 complaint response. Therefore, the total compensation offered for the repair delays was £1,598.
  4. The overall compensation offered by the landlord was reasonable and sufficient to recognise the distress and inconvenience caused. This compensation is in line with the Ombudsman’s approach to compensation set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £1000 or more where there have been serious failings by the landlord, which had a significant long-term impact on the resident.

 

  1. Following the stage 2 complaint response, the landlord contacted the resident in October 2023 and explained she would need to be decanted (temporarily moved) whilst the repairs were completed at her property. It was appropriate for the landlord to arrange a decant. We recognise the resident told the landlord that hotel accommodation was not suitable for her due to mobility issues and having a new-born baby. The landlord responded appropriately to these concerns and stated it would check if it had any properties available for the resident and her family to decant to. However, the resident decided to stay with friends and family whilst the works were completed, and the landlord offered the resident a payment of £25 per day to cover additional costs due to this arrangement.
  2. The landlord carried out kitchen repairs and damp and mould works at the resident’s property in December 2023. The landlord also explained that further damp and mould works were completed prior to the resident moving permanently to an alternative property. The resident told the Ombudsman the landlord completed some damp, and mould works but did not complete all the works recommended by the surveyor. From the information provided it is unclear whether the landlord completed all the works recommended by the surveyor, if it failed to do so this was unreasonable. However, as the resident moved to an alternative property in July 2024 there is no longer any impact to the resident from this.
  3. For the reasons set out above, the landlord’s offer of compensation represents reasonable redress in this case. However, we recommend that the landlord reviews the resident’s case to identify any areas for improvement with a focus on its delay in its completion of repairs to the kitchen and to resolve the damp and mould. The case review should also consider the landlord’s failure to consider the resident’s vulnerabilities at the time the repairs were outstanding.

The associated complaint

  1. The Ombudsman’s Complaint Handling Code (the Code) sets out the Ombudsman’s expectations for landlords’ complaint handling practices. The Code states that a stage 1 response should be provided within 10 working days of the complaint. It also explains that a stage 2 response should be provided within 20 working days from the request to escalate the complaint. The landlord’s complaints policy includes the same timescales referenced in the Code.
  2. The landlord’s complaints policy explains that it has a 2-stage procedure for complaints. The Code also states that a landlord must only escalate a complaint to stage 2 once it has completed stage 1 and this must be at the request of the resident.
  3. On 4 March 2023, the resident submitted her initial complaint to the landlord. The resident contacted the landlord several times chasing a response. The landlord eventually provided an interim stage 1 complaint response to the resident on 20 May 2023. The response was approximately 43 working days late and not in line with the timescales referenced in the Code. The delay would have caused inconvenience for the resident.
  4. The landlord provided 2 further stage 1 complaint responses to the resident on 2 June 2023 and 4 July 2023. The landlord issuing multiple stage 1 complaint responses resulted in the landlord not following its 2-stage complaint procedure. Also, the landlord did not comply with the Code when it provided the resident with 3 stage 1 complaint responses. In addition, the resident was delayed in bringing her complaint to the Ombudsman because she needed to wait for the landlord’s final response before contacting our service.
  5. On 15 September 2023, the resident requested her complaint to be escalated to stage 2 of the landlord’s complaint process. There was a slight delay in the landlord providing its stage 2 complaint response to the resident, which was provided on 25 October 2023 and approximately 8 working days late. The response was not in line with the timescales referenced in the Code or its own complaints policy, however the impact of this delay would not have been significant.
  6. The landlord acknowledged in its stage 2 complaint response that there were errors with its complaint handling and offered the resident £400 compensation to recognise the distress and inconvenience caused by the errors. The compensation offered was more than sufficient to recognise the landlord’s complaint handling errors. The compensation offered to the resident complies with the Ombudsman’s remedies guidance referenced above. The compensation proportionately reflects the impact of the delay on the resident, and it amounts to reasonable redress for this aspect of the complaint.

Determination (decision)

  1. 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, resolves concerns about:
    1. The landlord’s handling of damp and mould and kitchen repairs at the resident’s property.
    2. The landlord’s complaint handling.

 

Recommendations

  1. We recommend the landlord pay the resident its original offer of £1,998 compensation made during its complaint process if it has not already done so. The Ombudsman’s finding of reasonable redress for the complaint is based on the understanding that this compensation will be paid.
  2. We recommend that the landlord reviews the resident’s case to identify any areas for improvement with a focus on its delay in its completion of repairs to the kitchen and to resolve the damp and mould. The case review should also consider the landlord’s failure to consider the resident’s vulnerabilities including the resident’s pregnancy, at the time when the repairs were outstanding.