Environmental health complaint about disrepair: how it works

Direct answer

Your local council's environmental health team can inspect your home and, if they find a serious hazard, legally order your landlord to fix it. It is free and one of the most effective routes when a landlord ignores you. Report the disrepair to your landlord in writing first, then contact environmental health if nothing is done. It works for both council and private tenants.

If your landlord is failing to carry out repairs, your local authority's environmental health department has powers to inspect the property and force the landlord to act. Making a complaint to environmental health is one of the most effective routes for tenants whose landlords are unresponsive.

What can environmental health do?

Local authorities have powers under the Housing Act 2004 and the Housing Health and Safety Rating System (HHSRS) to inspect properties and take enforcement action where there are hazards to health or safety.

If an inspection reveals Category 1 hazards (the most serious), the local authority is under a duty to take action. For Category 2 hazards, the authority has discretion to act. Actions available include:

• Improvement notice: a formal notice requiring the landlord to carry out specified works within a set timescale
• Prohibition order: an order restricting or prohibiting use of all or part of the property
• Emergency remedial action: in very urgent cases, the local authority can carry out works itself and recover the cost from the landlord
• Emergency prohibition order: an immediate order in cases of imminent danger

Failure to comply with an improvement notice is a criminal offence and can result in a fine. The local authority can also prosecute landlords for failure to maintain properties to the required standard.

What counts as a Category 1 hazard?

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

• Damp and mould growth
• Excess cold (inadequate heating)
• Structural collapse and falling elements
• Fire hazards
• Electrical hazards
• Falls on stairs or ramps
• Drainage and sanitation failures

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

How do I make a complaint?

Contact your local authority's environmental health or housing team. Most councils have an online form, and some have dedicated private rented sector or housing standards teams. You should:

• Describe the problems in detail, which rooms are affected, what the issue is, how long it has been present
• Include photographs if you have them
• Give your name, address, and contact details
• Tell them that you have already reported the problems to your landlord (if you have) and explain what happened

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

What if I am worried about retaliation?

There are legal protections against retaliatory eviction. Under the Deregulation Act 2015, if a tenant makes a complaint to a local authority about the condition of their property and the authority serves a relevant notice, the landlord cannot serve a valid section 21 notice for six months from the date of the notice.

This protection means that making a complaint to environmental health should not result in a valid eviction notice, though it is important to seek legal advice if you receive one.

Can I complain anonymously?

Local authorities vary in their approach to anonymous complaints. Some will investigate on an anonymous basis; others require a complainant's name. If you are concerned about anonymity, ask the environmental health team about their approach when you first contact them.

When should I contact Support for Tenants?

We handle housing disrepair claims. An environmental health complaint and a legal claim for housing disrepair are not mutually exclusive, many tenants pursue both at the same time. A legal claim can recover compensation for the period you have been living in poor conditions, as well as an order for works.

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