You reported your housing conditions to your council's environmental health team. Maybe they came out, looked at the property, and said there was no hazard.
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You reported your housing conditions to your council's environmental health team. Maybe they came out, looked at the property, and said there was no hazard. Or they told you the damp is a "lifestyle issue." Or they said the problem is below the threshold for formal action. This can feel like a dead end. It is not.
The short answer
A decision by environmental health not to act, or to take no formal action, does not extinguish your legal rights as a tenant. Your routes to a civil claim and to other enforcement bodies remain open. In some cases, the environmental health decision itself can be challenged.
Understanding what environmental health can and cannot do
The council's environmental health team uses the Housing Health and Safety Rating System (HHSRS) to assess properties. They look for hazards that score as Category 1 (most serious, mandatory action required) or Category 2 (less serious, action is discretionary).
When they decline to act, it usually means one of three things:
- They assessed the property and found no Category 1 hazard
- They assessed it as Category 2 and decided not to act (discretionary)
- They attended but concluded the conditions are due to condensation caused by tenant lifestyle rather than structural defects
Challenging the decision
If you disagree with the council's assessment, you can:
- Ask for the HHSRS assessment report in writing. You are entitled to see the basis for their decision. Request this formally if they have not already provided it.
- Seek an independent survey. A surveyor's report identifying structural damp, penetrating damp or a root-cause issue that the council missed can be used to request a re-inspection or to support a civil claim.
- Make a complaint to the council about the way your case was handled, via the council's complaints process. If that is exhausted, the Local Government and Social Care Ombudsman can review the council's conduct.
- Request a re-inspection if conditions have worsened since the original assessment.
The civil claim route: independent of the council
Your right to bring a housing disrepair claim under the Homes (Fitness for Human Habitation) Act 2018 or Section 11 of the Landlord and Tenant Act 1985 does not depend on the council having found a hazard. These are independent civil law rights between you and your landlord.
A civil court assesses the facts for itself. An environmental health officer's opinion is evidence, but it is not binding on the court. Many successful housing disrepair claims have been brought where environmental health did not formally intervene.
The Section 82 EPA route: self-referral to court
Under Section 82 of the Environmental Protection Act 1990, you can yourself bring a complaint to the magistrates' court that a statutory nuisance exists on your property. You do not need the council to bring this case, you can bring it yourself.
A statutory nuisance under Section 82 can include damp and mould that is prejudicial to health or a nuisance. If the court agrees, it can issue an abatement notice and order the landlord to carry out works within a set time.
What to do next
Do not stop here. Write to your landlord, setting out the conditions and your request for repair, regardless of what environmental health said. Get an independent survey if you can. And contact us to find out whether a civil disrepair claim is viable.
When should I contact Support for Tenants?
If environmental health has not helped and your home is still in poor condition, call us on 0800 030 4669.
No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
- Environmental Protection Act 1990, Section 82 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
Related articles
- How to request an HHSRS inspection
- What is an EPA Section 82 claim?
- What is the Fitness for Human Habitation Act?
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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