Environmental Health Complaints and the Ombudsman in Merton
Tenants and landlords in Merton are covered by the same statutory framework as the rest of England, with local variations only where permitted under national law. This guide explains how to address environmental health concerns through both legal channels and mediation services, focusing on the role of the new Private Rented Sector Ombudsman introduced by the Renters' Rights Act 2025.
Environmental health complaints are more relevant than ever in 2026 due to increased public awareness about housing conditions and their impact on resident well-being. Tenants now have additional avenues for resolving disputes, ensuring that their living environments meet safety and hygiene standards without resorting solely to legal action.
What the Law Says
The primary statutory framework governing environmental health complaints is the Housing Act 2004 (HHSRS Part 1). Which introduces the Housing Health and Safety Rating System (HHSRS). The Environmental Protection Act 1990 also plays a significant role, particularly with respect to nuisances affecting residential properties. Additionally, the Renters' Rights Act 2025 establishes new mechanisms for resolving disputes between private renters and their landlords.
Under Section 6 of the Housing Act 2004 (HHSRS), local authorities are required to inspect properties where there's a risk to occupiers from non-domestic hazards. This system categorises risks into two levels: Category 1, which poses an immediate threat to health or safety, and Category 2, which involves less severe but still significant risks.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduced a Private Rented Sector Ombudsman (PRS Ombudsman) for disputes arising from private rental agreements. Tenants in Merton can use this service if they have exhausted other avenues, such as negotiation and mediation, but still face unresolved issues with their landlord regarding environmental health standards.
Under the new legislation, tenants may be entitled to report complaints directly to the PRS Ombudsman when a local authority fails to act promptly on reported hazards. This change aims to provide an additional layer of protection for renters who feel that their concerns are being overlooked or ignored by Merton's environmental health team.
What this Means for Tenants in Merton
Tenants in Merton can rely on the Housing Health and Safety Rating System (HHSRS) to identify and address potential hazards. If a property is found to have Category 1 hazards-such as damp, mould, or gas safety issues-it should be prioritised by both the landlord and the local authority.
To report a Category 1 hazard to Merton's environmental health team, tenants need to gather evidence of the issue, including photographs, medical reports if applicable, and any relevant correspondence with the landlord. Submitting this information through the council's online portal or via their contact centre will initiate an investigation into the property's condition.
Your Next Steps If You Need Help in Merton
If you require assistance addressing environmental health complaints in your rented accommodation in Merton, start by contacting the local housing team directly. They can provide guidance on how to proceed with your complaint and offer support throughout the process.
Gathering evidence is important; collect any relevant documentation that substantiates your claims, such as photos of damp or mould issues, gas safety certificates, and correspondence with your landlord regarding repairs. Additionally, you may seek free advice from organisations like Citizens Advice or Shelter, which can help deal with the complexities of tenant rights in Merton.
Common Mistakes to Avoid
- Failing to Document Issues: Without proper documentation, it's challenging for environmental health teams to take action against a negligent landlord.
- Ignoring Category 2 Hazards: While less severe than Category 1 hazards, failing to address them can lead to worsening conditions that escalate into more serious issues over time.
- Not Reporting to the Correct Authority: Tenants should ensure they report complaints to Merton's environmental health team rather than other departments within the council.
- Neglecting Legal Advice Early On: Engaging with legal professionals early in the process can prevent further complications and provide clarity on your rights.
When to Get Professional Advice
If you're unsure about how to proceed or if your case involves complex legal issues, it may be wise to consult a regulated solicitor who specialises in tenant law. However, for most straightforward cases, free advice from services like Citizens Advice or Shelter is typically sufficient and can help avoid unnecessary costs.
To find the right professional, check online directories such as Law Society's website, which lists registered solicitors across Merton. Alternatively, contact your local Citizens Advice branch to get referrals to reputable legal experts who understand tenant rights in the area.
Always remember that while these steps may be beneficial, there are no guarantees of a particular outcome. It's important to check directly with Merton council for any specific guidance or updates regarding environmental health complaints.