Environmental health complaint about disrepair: how it works

In short

Your local council has an environmental health team. They can inspect your home. If they find a serious danger, they can order your landlord by law to fix it. This is free. It is one of the routes that works well when a landlord ignores you. First, report the problem to your landlord in writing. Then contact environmental health if nothing gets done. This works for both council and private tenants.

Is your landlord not doing repairs? Your council's environmental health team has the power to inspect your home and make the landlord act. A complaint to environmental health is one of the routes that works well when a landlord will not respond.

What can environmental health do?

Councils have powers under the Housing Act 2004 and the Housing Health and Safety Rating System (HHSRS). They can inspect homes and take action where there is a danger to your health or safety.

If an inspection finds Category 1 hazards (the most serious), the council has a duty to act. For Category 2 hazards, the council can choose whether to act. Here is what they can do:

• Improvement notice: a formal notice that tells the landlord to do set works by a set date
• Prohibition order: an order that limits or stops use of all or part of the home
• Emergency remedial action: in very urgent cases, the council can do the works itself and get the cost back from the landlord
• Emergency prohibition order: an order that takes effect at once when there is danger right now

If a landlord ignores an improvement notice, that is a crime. They can be fined. The council can also take a landlord to court for not keeping a home to the right standard.

What counts as a Category 1 hazard?

The HHSRS sorts housing dangers into 29 types. Category 1 hazards (where the risk of harm is serious) include:

• Damp and mould growth
• Excess cold (heating that is not good enough)
• The building falling down or parts falling off
• Fire hazards
• Electrical hazards
• Falls on stairs or ramps
• Drains and toilets that do not work

If your home has any of these problems, environmental health can take action.

How do I make a complaint?

Contact your council's environmental health or housing team. Most councils have an online form. Some have a team just for private rented homes or housing standards. You should:

• Describe the problems fully. Say which rooms are affected, what the problem is, and how long it has been there
• Add photos if you have them
• Give your name, address, and contact details
• Tell them you have already reported the problems to your landlord (if you have) and say what happened

You can ask for a home inspection. An environmental health officer will visit your home and check it against the HHSRS.

What if I am worried about retaliation?

The law protects you from being evicted for complaining. Under the Deregulation Act 2015, if you complain to a council about the state of your home and the council serves a relevant notice, your landlord cannot serve a valid section 21 notice for six months from the date of that notice.

This means a complaint to environmental health should not lead to a valid eviction notice. Even so, it is important to get legal advice if you are sent one.

Can I complain anonymously?

Councils deal with anonymous complaints in different ways. Some will look into them without a name. Others need the name of the person who complained. If you are worried about staying anonymous, ask the environmental health team how they work when you first contact them.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. An environmental health complaint and a legal claim for housing disrepair are not either-or. Many tenants do both at the same time. A legal claim can win you compensation for the time you have lived in poor conditions. It can also get an order for the works to be done.

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

• Housing Act 2004 (legislation.gov.uk)
• Environmental Protection Act 1990, Section 82 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)

Related articles

• How to report disrepair to your landlord