Environmental Health Complaints and the Ombudsman in Wiltshire
Tenants and landlords in Wiltshire are covered by the same statutory framework as the rest of England. This includes national laws like the Housing Act 2004, the Environmental Protection Act 1990, and the Renters' Rights Act 2025. This guide explains how to address environmental health issues and when you may need to escalate concerns through the new Private Rented Sector (PRS) Ombudsman or even the Housing Ombudsman for social tenants.
In recent years, there has been an increased focus on tenant well-being and safety within rented properties. The introduction of the Renters' Rights Act 2025 adds another layer to existing regulations by establishing a new PRS Ombudsman to handle disputes between landlords and tenants in the private sector. This is particularly important for Wiltshire residents who are facing environmental health issues that their landlord has failed to address.
What the Law Says
The Environmental Protection Act 1990, specifically Part I (Housing) of the Housing Act 2004, establishes the Housing Health and Safety Rating System (HHSRS). This system identifies and assesses risks to occupant health or safety from housing-related defects or hazards. The HHSRS categorises these issues into two classes: Category 1 (serious risk) and Category 2 (other risks).
Section 20 of the Environmental Protection Act helps local authorities, such as Wiltshire Council, to take action against landlords who fail to remedy serious health and safety defects in their properties. This includes issuing improvement notices or prohibition orders requiring landlords to address these issues.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces significant changes by establishing a new Private Rented Sector (PRS) Ombudsman. The PRS Ombudsman provides an impartial service for resolving disputes between landlords and tenants in the private rental sector, where local authorities haven't been able to resolve issues satisfactorily.
For environmental health complaints, the Act requires that any action taken by Wiltshire Council or other authorities must be reported to the PRS Ombudsman if the tenant feels their rights under HHSRS were violated. This new system aims to ensure that tenants receive fair and timely resolution of disputes without resorting to lengthy legal processes.
What This Means for Tenants in Wiltshire
Tenants in Wiltshire should familiarise themselves with Category 1 hazards identified by the HHSRS, which include issues such as damp, mould, electrical faults, gas leaks, asbestos, and structural problems. These are considered serious risks to health and safety.
If you identify a Category 1 hazard, contact the Wiltshire environmental health team immediately to report it. They will assess the property using the HHSRS guidelines and may issue an improvement notice requiring your landlord to address the issues within a set time frame. If necessary, they can also serve prohibition notices or hazard awareness notices.
Your Next Steps if You Need Help in Wiltshire
If you encounter environmental health issues, the first step is to contact the Wiltshire Council housing team directly to report them. Gather evidence such as photographs and any relevant communications with your landlord regarding repairs or maintenance issues. Additionally, consider seeking free advice from organisations like Citizens Advice or Shelter.
Free services can provide valuable guidance on how to proceed legally and ensure you're following correct procedures when dealing with environmental health complaints in Wiltshire. These organisations may also help you understand if escalation to the PRS Ombudsman is necessary.
Common Mistakes to Avoid
- Failing to Report Issues Promptly: Tenants often delay reporting issues due to fear of conflict or hoping problems will resolve themselves. Reporting Category 1 hazards immediately ensures quicker action from Wiltshire Council.
- Not Keeping Records and Evidence: Without proof, it's harder for authorities like Wiltshire environmental health team to validate your complaints. Keep records of all communications with your landlord regarding repairs.
- Ignoring Improvement Notices: Landlords must address improvement notices within the specified time frame or face legal consequences. Ignoring these can lead to fines or further action by Wiltshire Council.
When to Get Professional Advice
If you're unsure about the process for escalating environmental health complaints. It may be wise to seek advice from a regulated solicitor who specialises in housing law. Free services like Citizens Advice can provide initial guidance and help determine if professional legal assistance is necessary. Always check directly with Wiltshire council or consult a solicitor before taking any major actions to ensure you're following the correct procedures.
