Environmental Health Complaints and the Ombudsman in Brighton and Hove
Tenants and landlords in Brighton and Hove are covered by the same statutory framework as the rest of England when it comes to environmental health complaints. This guide focuses on how tenants can address issues like damp, mould, or poor sanitation that affect their living conditions, and what steps they should take if these problems aren't resolved through regular communication with the landlord. Environmental health matters have gained significant importance in 2026 due to recent legislative changes aimed at protecting renters' rights further.
What the Law Says
The primary statutes governing environmental health complaints include the Housing Act 2004 (HHSRS Part 1) and the Environmental Protection Act 1990. The Housing Health and Safety Rating System (HHSRS) is a tool designed to assess homes for risks that could cause harm to residents' health or safety. Section 6 of the HHSR identifies serious hazards. Known as Category 1 hazards, which must be addressed by landlords under their legal duty.
The Environmental Protection Act 1990 provides powers for local authorities like Brighton and Hove to intervene when properties present significant risks due to neglect or lack of maintenance. This includes the ability to issue improvement notices if necessary improvements aren't made voluntarily.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduced several provisions aimed at strengthening tenants' rights, including a new Private Rented Sector Ombudsman. Under Section 7 of this act, landlords are required to maintain their properties in good repair and state of decoration, ensuring they don't pose any significant risk to the health or safety of occupants. Tenants may now escalate complaints directly to the ombudsman if local council intervention doesn't resolve issues satisfactorily.
This legislation also mandates that landlords provide tenants with information about how to report hazards under HHSRS and what support is available through Brighton and Hove's environmental health services. The Renters' Rights Act 2025 enhances tenant protections by ensuring a more structured approach to addressing hazardous living conditions, particularly in the private rented sector.
What This Means for Tenants in Brighton and Hove
Tenants should familiarise themselves with Category 1 hazards under the Housing Health and Safety Rating System (HHSRS). These include risks from dampness, biological contaminants like mould, and poor heating or ventilation. If a tenant identifies such issues, they must report them to Brighton and Hove's environmental health team as soon as possible.
Reporting a hazard involves providing detailed information about the problem, including photographic evidence if available. The council will then assess whether the issue constitutes a Category 1 hazard under HHSRS guidelines. If confirmed, the local authority may issue an improvement notice compelling landlords to make necessary repairs or improvements within a specified timeframe.
Your Next Steps if You Need Help in Brighton and Hove
The first step is to contact your landlord directly about any environmental health concerns. Document all communications and gather evidence such as photos or videos of problematic areas. If the landlord fails to address these issues, tenants should report them to the Brighton and Hove council housing team.
Free advice services like Citizens Advice, Shelter, and local council resources can offer guidance on how to proceed if informal discussions with the landlord don't resolve the matter. These organisations provide information on legal rights and next steps for escalating complaints through official channels.
Common Mistakes to Avoid
Tenants often make the mistake of neglecting proper documentation when reporting issues to their landlord or the council. Keeping detailed records, including dates of communications and evidence of hazards, is important. Another common error is failing to escalate concerns to Brighton and Hove's environmental health team early enough, as delays can affect how quickly remedial actions are taken.
Landlords may also overlook minor maintenance issues that could develop into more serious health risks over time. Regular inspections and proactive repairs are important to preventing these problems from escalating.
When to Get Professional Advice
If initial attempts at resolving an environmental health complaint don't yield results. Tenants may be entitled to seek legal advice from a solicitor. A regulated solicitor can provide tailored guidance on the specific circumstances of your case. Including potential claims under HHSRS or other relevant legislation. However, many cases are resolved through free services like Citizens Advice and Shelter, so check with these organisations first before considering professional representation.
For social tenants in Brighton and Hove who are unable to resolve issues via local council channels, escalating the matter to the Housing Ombudsman may be an option if all other avenues have been exhausted. Always consult a solicitor or legal advice service for clarity on your specific rights and options under UK law.
