Environmental Health Complaints and the Ombudsman in New Forest
Tenants and landlords in New Forest are covered by the same statutory framework as the rest of England when it comes to environmental health complaints and dispute resolution through the ombudsman system. This guide covers how tenants can address issues such as damp, mould, and other hazardous living conditions, and who they should contact if their landlord doesn't adequately respond to these concerns.
In 2026, the issue of environmental health complaints has become increasingly relevant due to rising humidity levels in New Forest, which exacerbates problems like condensation and damp. Additionally, many tenants are still unfamiliar with the new Renters' Rights Act 2025, which introduces a private rented sector (PRS) ombudsman for disputes that go beyond local council intervention.
What the Law Says
The legal framework for environmental health complaints in New Forest is primarily governed by two pieces of legislation: the Housing Health and Safety Rating System (HHSRS) under Section 1 of the Housing Act 2004, and Part I of the Environmental Protection Act 1990. The HHSRS categorises hazardous conditions in rented properties into six categories-dampness, biological agents like mould, physical injuries from structural issues, fire risks, pollution, and overcrowding-and identifies which hazards fall under Category 1 (serious) or Category 2 (less serious). Tenants can report these to the New Forest environmental health team, who may issue improvement notices or prohibition orders to address urgent safety concerns.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduced significant changes for tenants in the private rented sector. The most impactful change is the establishment of a new Private Rented Sector Ombudsman, designed to mediate disputes between tenants and landlords when local council intervention fails or is inadequate. This ombudsman can investigate complaints about environmental health issues, among other concerns, and provide recommendations that both parties must consider.
the Act mandates that landlords ensure their properties meet minimum HHSRS standards at all times. Tenants may now report persistent breaches of this requirement to the PRS Ombudsman without first exhausting local council remedies, streamlining the complaint process.
What This Means for Tenants in New Forest
If you're a tenant living in New Forest and your property has Category 1 hazards under the HHSRS (such as severe damp or mould), it's important to report these issues promptly. Start by contacting the New Forest environmental health team to assess the situation and determine if an improvement notice, prohibition notice, or hazard awareness notice is warranted.
To prepare for this step, document any visible signs of damage or hazards thoroughly. Take photos, keep receipts for repair requests sent to your landlord, and maintain a log of communications regarding these issues. If the council deems it necessary, they will issue formal notices requiring your landlord to make urgent improvements.
Your Next Steps if You Need Help in New Forest
If you need assistance addressing environmental health concerns in your rented property in New Forest, start by contacting the local housing team within the council directly for guidance and support. Gather all relevant evidence of hazards-such as photographs, repair requests, and logs of landlord communication-and present it clearly to the council.
free advice services such as Citizens Advice or Shelter can offer legal help tailored to your situation. These organisations provide valuable information on tenant rights and can guide you through the process of filing a complaint with the New Forest environmental health team or escalating issues to the PRS Ombudsman if necessary.
Common Mistakes to Avoid
Tenants often overlook gathering full evidence when reporting hazards, which can weaken their case significantly. Ensure that you document any issues carefully from the outset. Another mistake is failing to understand the difference between Category 1 and Category 2 hazards under HHSRS; only Category 1 hazards are legally actionable through formal complaints.
Landlords may also misinterpret their responsibilities by thinking they need only address immediate safety risks rather than all significant health and safety concerns. This can leave tenants in substandard living conditions longer than necessary, leading to ongoing disputes and potentially breaching regulatory requirements under the Renters' Rights Act 2025.
When to Get Professional Advice
If your complaint involves complex legal issues or if you feel that local council intervention hasn't been sufficient, it may be wise to seek professional advice from a regulated solicitor. Free services like Citizens Advice can typically handle straightforward disputes, but more detailed cases often require specialised knowledge.
To find a suitable solicitor, check the Law Society's directory and look for recommendations online or through personal networks. Always ensure any legal representative is properly accredited and experienced in housing law to protect your interests effectively.
