Sanctuary Housing Association (202402818)

Decision
Case ID	202402818
Decision type	Investigation
Landlord	Sanctuary Housing Association
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	23 March 2026

Background

1. The resident moved into the new build property in September 2022. She reported defects shortly after moving in. The resident later reported concerns about the upkeep of the garden in front of her property. She was dissatisfied with how the landlord handled these reports and that some of the issues remained outstanding. The resident also said the landlord did not consider the impact of her vulnerabilities or provide appropriate support when dealing with her rent arrears. The resident told us she has ADHD, chronic anxiety and a migraine disorder. The landlord confirmed it became aware of the resident’s vulnerabilities at various points after she moved in.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. The resident’s concerns about the management of her tenancy and rent account.
   2. The resident’s reports about outstanding repairs and front garden maintenance.
   3. The associated complaints.

Our decision (determination)

3. We have found that:
   1. There was maladministration in the landlord’s handling of the resident’s concerns about the management of her tenancy and rent account.
   2. There was maladministration in the landlord’s handling of the resident’s reports about outstanding repairs and front garden maintenance.
   3. There was service failure in the landlord’s handling of the associated complaint.

We have made orders for the landlord to put things right.

Summary of reasons

The landlord’s handling of the resident’s concerns about the management of her tenancy and rent account

4. The landlord failed to issue a notice of tenancy conversion after 12 months, in line with the tenancy agreement. It also failed to follow its income management procedures and monitor the resident’s rent account effectively. The evidence does not show that it appropriately considered the resident’s vulnerabilities when communicating about arrears. Although the landlord recognised some of these failures at stage 2 of its complaints process, it failed to set out clear next steps to resolve these concerns.

The landlord’s handling of the resident’s reports of outstanding repairs and front garden maintenance

5. The landlord recognised failures in its handling of the resident’s reports about outstanding repairs and front garden maintenance. It set out a timebound action plan to resolve these issues. However, it has not demonstrated that it completed all the actions it had identified. Therefore, we are unable to conclude it put things right.

The landlord’s handling of the associated complaint

6. The landlord failed to log the complaint or make enquiries when the resident first raised her concerns, which caused a delay. However, once it recorded the complaint, it responded in line with its policy at both stages of its internal process.

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.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Order	What the landlord must do	Due date
1	Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure: The apology is provided by a senior member of staff. The apology is specific to the failures identified in this decision, meaningful and empathetic. It has due regard to our apologies guidance.	No later than 20 April 2026
	Compensation order The landlord must pay the resident £700 compensation made up as follows: £300 to recognise the distress and inconvenience caused by the failings identified in its handling of the resident’s concerns about the management of her tenancy and rent account. £350 to recognise the distress and inconvenience caused by the failings identified in its handling of the resident’s reports about outstanding repairs and front garden maintenance. £50 to recognise the time and trouble caused by the failings identified in its handling of the associated complaint.   This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid.	No later than 20 April 2026
	Inspection order   We have made an inspection order because it is unclear from the landlord’s records what repairs it has completed and what remains outstanding. The inspection order is intended to establish any outstanding areas of concern.   What the landlord must do   The landlord must contact the resident to arrange an inspection. The landlord must take all reasonable steps to ensure the inspection is completed by the due date. A suitably qualified person must complete the inspection. The landlord must set out by the due date a full scope of works to achieve a lasting and effective resolution to any issues it identifies and for which it is responsible.   If the landlord cannot gain access to complete the inspection, it must provide us with documentary evidence of its attempts to inspect the property no later than the due date.	No later than 20 April 2026
	Completing the works The landlord must take all steps to ensure the work identified as necessary during the inspection is completed promptly and in any event by the due date. If the landlord cannot complete the works in this time, it must explain to us, by the due date: Why it cannot complete the works by the due date and provide evidence to support its reasons. It must provide a revised timescale of when it will finish the works; or Explain the steps it has taken to ensure the works were completed and provide supporting evidence. It must provide a revised timescale if it is able to or explain why it cannot. Whether suitable alternative accommodation is necessary and will be made available to the resident until the work is completed.	No later than 11 May 2026
	Write to the resident The landlord must write to the resident setting out the following: The current status of her rent account, including a clear statement showing all debits and credits and how any arrears were incurred. An offer to discuss the account, either in person, by phone, or in writing, depending on the resident’s preference. The options and support it can offer to help bring the account up to date and prevent further escalation. A request to establish how the resident wishes to be contacted in future and whether the landlord can offer any reasonable adjustments to support her communication needs. The landlord should also ensure it records this appropriately on its systems. A schedule for future grounds maintenance and how the resident may contact the landlord if she has any concerns about the upkeep of the area. Its position on whether it can consider reimbursing any costs the resident said she incurred to maintain the garden, and what evidence it would need to assess this.	No later than 20 April 2026

 

Our investigation

The complaint procedure

Date	What happened
25 January 2024	The resident complained to the landlord. She said there had been multiple instances where it had not followed its policies. She said the landlord had ignored her correspondence and a previous complaint. She was dissatisfied it had applied for an Alternative Payment Arrangement (APA) without consulting her to arrange a payment plan. The resident also said she was still waiting for confirmation that her tenancy had been converted to assured status after the initial 12‑month period.
31 January 2024	The resident provided further information about her complaint. She said the landlord had not resolved her earlier flooring complaint and had not addressed several repairs she reported as early as December 2022. She also raised concerns about lack of front garden maintenance, which she said had led to an insect infestation. The resident said she felt the landlord had not considered the impact of her ADHD when responding to the issues and that it had discriminated against her.
16 February 2024	The landlord issued its stage 1 response. It upheld the complaint about front garden maintenance and the delay in issuing notice of tenancy conversion. It apologised for not arranging the garden works sooner and confirmed a contractor would attend before 1 March 2024 to bring the area up to standard. It also confirmed that it had now issued the notice converting the tenancy to assured status. The landlord said it inspected the property on 20 September 2023 in relation to the defects. It confirmed the developer had completed all required works on 30 November 2023. It also said it had offered support with the flooring in December 2022 and helped the resident apply for funding, but it had been unable to contact her to progress this.   In relation to the arrears, the landlord said there was a delay with receipt of the 3-week advance payment from the local authority, and it had asked the resident to progress this on 21 October 2022. It said it had reviewed the account in December 2023 and noted arrears of 11.2 weeks. It explained that the threshold for applying for APA is 8 weeks, so it was entitled to make the application. Although it said it was not required to notify the resident, it acknowledged this would have been good practice and said it would review its process. It also said it had asked the resident to call to arrange a payment plan before submitting the APA request.
26 February 2024	The resident requested to escalate the complaint.
22 February 2024 and 18 March 2024	The landlord said it spoke to the resident to discuss the reasons for her dissatisfaction.
25 March 2024	The landlord issued its final response. It apologised for not resolving or escalating the complaints the resident raised in January 2023, however it did not specify what they related to. It confirmed some repairs were still outstanding, including issues with the shower and a leak under the sink. It said it would arrange a further visit to inspect and complete these works. It reiterated its stage 1 position about garden maintenance and tenancy conversion.   The landlord acknowledged the arrears information was unclear and that the statement it had provided to the resident was confusing. It said a member of its money advice team would contact her to assist with information about the amounts owed and how this had accrued. It also acknowledged it should have phoned her about a payment plan in addition to emailing, before applying for the APA. The landlord offered the resident £400 compensation for the inconvenience caused. It said it would oversee the resolutions it had identified and keep in touch with the resident until she was satisfied.
26 March 2024	The landlord sent the resident its action plan to resolve the outstanding issues. It set out the repairs its contractors would follow up on and the defects it would raise with the developer. It asked the resident how she wished to proceed regarding the arrears and confirmed it was willing to stop the APA once a payment plan was in place. It also said it had tendered for a contractor for garden maintenance, and it would ensure interim measures were in place. The landlord also outlined its learning and service improvements it had identified during the complaint.
Referral to the Ombudsman	The resident said the landlord had not put in place the resolutions it had promised. She said the rent account lacked transparency and the landlord had not made the reasonable adjustments it offered at stage 2 of its complaints process. She confirmed the landlord had completed some of the repairs but not within the timeframes in the action plan. She said others, including the exposed electric vehicle socket and the front door lock, remained outstanding. She also said the landlord had not maintained the front garden and so, she had to spend around £20 per month on a gardener.   To put things right, the resident asked for any errors on her rent account to be corrected and for written confirmation of the updated balance. She asked the landlord to complete all outstanding repairs and garden maintenance. She also asked it to put appropriate reasonable adjustments and safeguarding measures in place when contacting her in future, particularly about sensitive matters such as arrears. The resident requested compensation for the distress, inconvenience, and the time and effort she spent pursuing these issues.

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	The landlord’s handling of the resident’s concerns about the management of her tenancy and rent account.
Finding	Maladministration

What we have not investigated

7. In her referral to us, the resident said she was dissatisfied with how the landlord handled her requests for support with flooring in the property. We may not consider complaints that are made prior to exhausting the landlord’s internal complaints procedure. We have not seen evidence the resident escalated her concerns about flooring to stage 2 of the landlord’s internal complaints process. Therefore, we have not considered them as part of this investigation.
8. The resident told us that the issues raised have affected her and her daughter’s physical and mental wellbeing. It would be fairer, more reasonable and more effective for the resident to make a personal injury claim for any injury caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any injury and how long it will last. We’ve not investigated this further. We can decide if a landlord should pay compensation for distress and inconvenience.
9. We acknowledge the resident’s concerns throughout the complaint process that the landlord allegedly discriminated against her in relation to its handling and communication about the arrears. Unlike a court, we are unable to make findings under the Equality Act 2010. The allegation is therefore a legal matter that likely needs considering by a court. However, we can consider how the landlord responded to the resident’s allegation and whether it considered its legal equality duties.

What we have investigated

10. The landlord sent the resident a letter on 21 October 2022, confirming her rent account was in arrears of 2 weeks. It provided contact details for support. This was in line with its income management procedure for 2 weeks of arrears. However, there is no evidence it contacted the resident when the account first fell 1 week into arrears, despite its procedure saying this should trigger an affordability and benefits check. This was a missed opportunity to engage early and prevent escalation.
11. In addition to the 2 weeks’ arrears, the landlord also confirmed that the 4-week advance payment required at tenancy sign‑up was outstanding. The resident said most of this would be met by the local authority. The landlord said the payment was delayed due to system and invoicing issues and asked the resident on 21 October 2022 to contact the local authority to progress it. It is unclear from the records whether it received this payment.
12. The landlord proceeded to the next stage of its process by sending the resident another arrears letter on 3 November 2022. This confirmed the account was in 4 weeks’ arrears (not including the advance payment) and contained a warning of possible enforcement action. Although this was permitted by its policy, there is no evidence the landlord spoke to the resident about the arrears that would not be covered by the local authority, even though its procedure says it would carry out a visit at this stage. Records also show the landlord verified charges for the resident’s Universal Credit claim on 26 October 2022, indicating her application for support was still in progress. There is no evidence the landlord considered this before issuing the second letter.
13. The landlord did not contact the resident again about arrears until over a year later, on 17 November 2023, when it said it had sent her a rent statement. It is unclear why there was no earlier contact or whether the account had been reviewed in that period. The rent statements from June to November 2023 show consistent arrears of 8 weeks or more. Given the landlord’s policy to monitor accounts regularly and make timely support referrals, the lack of action during this period was unreasonable.
14. On 14 December 2023 the resident contacted the landlord after seeing online that her account was in arrears and said she was “extremely confused” as she had not received any notice. She also informed the landlord she had ADHD. There is no evidence the landlord attempted to resolve the resident’s concerns about the accuracy of the account or considered whether any adjustments in its communication were appropriate. The only action it took was sending an email on 18 December 2023 asking the resident to call about a payment plan. This was not in line with its policy, which requires it to consider home visits, interviews, support referrals, and an increased level of contact for vulnerable residents whose accounts are in arrears.
15. The landlord applied for an APA on 23 January 2024 when the arrears exceeded 11 weeks, which met the threshold for consideration by Universal Credit. It was therefore entitled to make the application. However, it did not notify the resident. It has since acknowledged that doing so would have been good practice. In its stage 2 response the landlord also accepted that it should have called the resident to discuss a payment plan and recognised that its rent statement was confusing. It said that its money advice team would contact the resident and discuss payment options with her. It also offered £400 compensation but did not break down this amount. Given that the other main part of the complaint it upheld related to repairs, we have assumed £200 related to the impact of its failings in managing the rent account and tenancy.
16. The landlord also apologised for not issuing a notice confirming the tenancy was converted to assured status after 12 months. This was something the resident raised on 14 December 2023, and the landlord initially provided her with incorrect information.
17. After the stage 2 response, the resident asked the landlord to apply the £400 compensation to her rent account if this meant the APA would be withdrawn. The landlord agreed to consider this. On 28 March 2024 it said its Income Team would contact Universal Credit to “resolve matters.” Despite this, the APA remained in place until June 2024, and the landlord did not apply the compensation to the account until 19 June 2024. On 20 June 2024 the landlord spoke to the resident, agreed to stop the APA, and offered a home visit to review the account. This was a reasonable step, but it should have occurred sooner, shortly after the stage 2 response. The resident said she did not want further phone calls because of the impact on her ADHD. There is no evidence the landlord explored whether it could apply any reasonable adjustments to its future communication.
18. When there are failings by a landlord, as is the case here, we will consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. In considering this, we take into account whether the landlord’s offer of redress was in line with our Dispute Resolution Principles; be fair, put things right and learn from outcomes.
19. The landlord acted fairly by acknowledging and apologising for its failings and identifying areas for improvement. It also offered compensation, which went some way towards putting things right. However, it gave inconsistent information about next steps and did not follow through on its commitment for the money advice team to contact the resident. It also delayed taking the actions it had agreed. We understand the arrears remain outstanding and there is currently no plan in place to address them.
20. We have made orders for the landlord to put this right. We have also ordered it to pay the resident a total of £300 compensation for the distress and inconvenience its failings have likely caused. This is inclusive of the £200 it already paid and in line with our remedies guidance for situations where there were failures which adversely affected the resident.

Complaint	The landlord’s handling of the resident’s reports about outstanding repairs in the property.
Finding	Maladministration

21. The resident moved into the property in September 2022. She reported defects in November 2022 and the landlord liaised with the developer to address them. However, it is unclear what work was completed. In January 2023 the landlord discussed issues relating to the shower and bath panel, but it has not provided evidence that it carried out any works. In August 2023 the resident also reported that the front door mechanism had become stiff.
22. The landlord confirmed that it carried out a defects inspection on 20 September 2023. It identified that the front door required adjustment, the back gate had dropped, there was a leak under the sink, and the caulk around the car isolator switch needed attention. The developer reported that it completed these repairs on 30 November 2023. This was more than 3 months after the resident reported the door issue and over 2 months after the inspection. While we understand delays can occur where defects are to be addressed by the developer, there is no evidence that the landlord followed up on the progress or checked that the work was completed to a satisfactory standard.
23. On 14 December 2023 the resident said repairs were still outstanding. Although her concerns were forwarded internally, the landlord did not respond. At stage 1 it did not clarify which repairs she believed were unresolved and instead relied only on the developer’s assurances. At stage 2 the landlord listed several repairs for referral to its contractors, including the shower, front door adjustment and leak under the sink. These appear to relate to the earlier issues, suggesting that some of the previous repairs did not achieve a lasting solution. Following its stage 2 response the landlord produced an action plan and arranged an appointment for 11 April 2024 to complete the outstanding repairs.
24. The landlord accepted it had not clearly distinguished between defects and repairs. It prepared an action plan to address the outstanding issues, which was reasonable. However, it has not provided evidence to show that it completed all the works. In May 2024 the resident reported that the leak under the sink was still present despite an engineer attending. The landlord acknowledged this but there is no evidence it made further arrangements. The resident also continued to report issues with the electric vehicle charger socket and the front door lock, both of which had been raised previously.
25. The resident’s complaint also included concerns about front garden maintenance, first raised in August 2023. The defects inspection in September 2023 recorded that the developer was not responsible for the garden. However, the landlord did not respond to the resident’s concerns about overgrowth which she said was attracting insects. Internal emails show the landlord was unclear about who was responsible for the garden. When the resident raised the issue again in December 2023 it incorrectly told her she was responsible.
26. In its complaint responses the landlord confirmed it was responsible for front garden and apologised for not maintaining it. It said it would bring the area up to standard before 1 March 2024. It provided no evidence to show that it did so. In its action plan dated 26 March 2024, it said it would put temporary measures in place while tendering for a contractor.
27. In May 2024 the resident reported the garden was so overgrown it was obstructing the bath and attracting insects and wildlife. Records show 2 landscaping visits in the area, in June and September 2024, but it is unclear whether these included the resident’s front garden. The landlord has also not confirmed whether a plan for regular maintenance is now in place. The resident told us she continued to maintain the area herself at a cost of about £20 per month.
28. In summary, it was reasonable that the landlord acknowledged its failings and apologised in its final response. It offered £200 for the repairs and garden issues, which went some way towards putting things right. It also prepared an action plan. However, it has not evidenced that it completed all the actions it had set out. The resident has said some issues are still outstanding and reported that the front door mechanism problem had worsened recently requiring her to request an emergency appointment.
29. We have made orders for the landlord to resolve the outstanding repairs and garden maintenance issues. We have also ordered it to pay the resident £350 compensation for the impact of its failings. This includes the £200 already paid and is in line with our remedies guidance for situations where there were failures which adversely affected the resident.

Complaint	The landlord’s handling of the associated complaint.
Finding	Service failure

30. The landlord’s complaints policy at the time of the complaint complies with the definition of a complaint in the Complaint Handling Code (March 2022) (the Code). The timescales in the landlord’s current complaint procedure complies with the Code.
31. The resident initially raised concerns about tenancy conversion, arrears, repairs and garden maintenance via the landlord’s portal on 14 December 2023. The form was entitled “feedback/complaints”. The landlord forwarded some of the issues to be actioned internally. However, despite the resident expressing dissatisfaction, it did not log her concerns as a complaint or contact her to clarify if she wished to raise a complaint if it was not sure. This delayed its response by about 5 weeks.
32. Once the landlord registered the resident’s complaints, it issued responses at both stages within or very close to its policy timescales. It kept the resident updated throughout and informed her when it needed more time. The landlord also demonstrated good practice by contacting the resident to clarify the points of her dissatisfaction and offering calls to check understanding. Both complaint responses were adequate and explained the landlord’s position on the complaint.
33. In its stage 2 response the landlord said it had failed to escalate a complaint the resident raised in January 2023. We have not seen the correspondence relating to this complaint, therefore we cannot assess it. However, it was reasonable that the landlord recognised and apologised for the failing it had identified.
34. We have ordered the landlord to pay the resident £50 for the likely time and trouble caused by the delay in addressing the resident’s concerns raised in December 2023. This is in line with our remedies guidance for situations where there was a minor failure by the landlord in the service it provided which it did not appropriately acknowledge.

Learning

35. The landlord identified useful learning in its action plan, including reviewing its processes, retraining staff on complaints handling, ensuring the difference between defects and repairs is clear in new developments, and confirming that grounds‑maintenance arrangements are in place.
36. Landlords should monitor post complaint tasks through to completion. In this case, had the landlord maintained the commitments it had made in its stage 2 response, it could have prevented further escalation.

Knowledge information management (record keeping)

37. Landlords should retain clear and detailed records of any works completed. This is particularly important if its actions are later called into question or if the same issues arise again.

Communication

38. Landlords should identify and record any vulnerabilities and consider them when communicating with residents. This is particularly important in cases of more sensitive topics, such as arrears. It is good practice for landlords to make enquiries with residents as to what reasonable support it can offer.