Summary: Miss Y complained about the Council’s response to her report of disrepair at her private rented accommodation and request for housing assistance. We have found fault, causing injustice, by the Council in its response to the report of disrepair. We have not found fault with its response to the request for housing assistance. The Council has agreed to remedy the injustice caused by apologising and making a payment to recognise the upset caused.

The complaint

1. Miss Y complains about the Council’s response to her reports of damp and mould at her private rented accommodation and request for urgent re-housing. She says the Council failed to:
1. take proper and prompt action to require her landlord to remedy the damp and mould. There were delays in its investigation and contact with the landlord about the issues and remedial work required; and
2. respond properly to her request for urgent re-housing. She told it about the unsuitable condition of the accommodation, affecting her and her child’s health, and that it was unaffordable for her. But the Council did not provide her with homelessness assistance and refused her request to join the housing register.
2. Miss Y says, because of the Council’s failures, she and her child had to continue living for months with damp and mould in unsuitable accommodation. The situation had a severe impact on her mental and physical health.
3. She wants the Council to put things right by offering her social housing accommodation so she and her child can have a safe and stable home.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these.
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
7. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

8. I have investigated what happened in the period from January 2025, when Miss Y first contacted the Council about the damp and mould at her accommodation, until May 2025 when the Council issued its final response to the complaint Miss Y had brought to us.
9. I have not investigated events after May 2025.

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How I considered this complaint

10. I considered evidence provided by Miss Y and the Council as well as relevant law, policy and guidance.
11. Miss Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

Private rented housing disrepair – councils’ duties

12. Councils have duties and powers to address risks to the health and safety of occupants or visitors to residential properties in its area (Housing Act 2004). This includes the duty to inspect and assess the condition of private rented properties.
13. The Housing Health and Safety Rating System (HHSRS) is used to assess the main housing related risks. The HHSRS calls these risks hazards. The most serious hazards are classed as category 1, with less serious hazards being category 2.
14. A council must arrange an inspection of residential property if it considers this is appropriate to determine whether a category 1 or category 2 hazard exists at the property.
15. Councils also have powers to take enforcement action against private landlords where they have identified a hazard which puts the health and safety of the tenant at risk.
16. A council must take enforcement action when it identifies a category 1 hazard. (Housing Act 2004. HHSRS enforcement guidance (Part 1: housing conditions)).
17. The action a council can take to address a category 1 hazard includes serving an Improvement Notice.
18. An Improvement Notice requires the person on whom it is served to take the action set out in the notice to address the hazards. This must be enough to make sure the hazard is no longer a category 1. In private rented properties, it is usually served on the landlord.
19. The Guidance says it might be appropriate to wait before serving a notice if the landlord agrees to take the required action and starts this within a reasonable time.
20. It is for the council to decide which course of action is the best in all the circumstances.

Homelessness - the law

21. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
22. If someone contacts a council seeking accommodation or help to obtain accommodation and gives ‘reason to believe’ they ‘may be’ homeless or threatened with homelessness within 56 days, the council has a duty to make inquiries into what, if any, further duty it owes them.
23. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them to continue to live there. (Housing Act 1996, Section 175)
24. Someone is threatened with homelessness if, when asking for assistance from the council:

• they are likely to become homeless within 56 days; or
• they have been served with a valid Section 21 notice which will expire within 56 days. (Housing Act 1996, section 175(4) & (5)

25. If a council is satisfied an applicant is threatened with homelessness and eligible for assistance, it must take steps to help the applicant keep their home or find somewhere new to live. This is the prevention duty. In deciding what steps to take, a council must have regard to its assessment of the applicant’s case. (Housing Act 1996, section 195)

Housing Allocations - the published scheme

26. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
27. The Council’s published scheme sets out the criteria for qualification to its Housing Register. Applicants can only join its register if they have or are:

• an identified housing need (and are over 17); and
• a local connection to Gosport; or
• a current Council tenant or private rented sector tenant living in the borough; or
• a person to whom the Council has accepted a duty under homelessness legislation; or
• in one of the other categories of people set out in the scheme.

28. The Council’s definitions of housing needs are set out in its banding scheme.
29. The scheme also says an applicant cannot join the register if they are living in adequate accommodation and do not have a housing need.

What happened

30. I have set out a summary of the key events below. It is not meant to show everything that happened. It is based on my review of all the evidence provided about this complaint.

January to February 2025: contact with the Environmental Health team

31. On 28 January Miss Y contacted the Council’s Environmental Health (EH) team to report issues with damp and mould at her private rented accommodation.
32. EH tried to speak to Miss Y about the issues several times without success. It realised, when she called for an update on 14 February, this was because it had recorded her phone number incorrectly. It then called her on 21 February to arrange a visit by one of its officers.
33. An EH officer inspected Miss Y’s home on 26 February. Miss Y provided the officer with a damp report commissioned by her landlord.
34. On 28 February, EH told Miss Y it was reviewing the landlord’s damp report. There were other issues the report didn’t cover and it was asking the landlord for further information.

February 2025: Miss Y’s initial contact with the Homelessness team

35. On 26 February Miss Y contacted the Council about her housing situation. She told it about the damp and mould and that EH had inspected her home that day. She asked about her options if the landlord failed to remedy the issues.
36. The homelessness team advised Miss Y:

• it would not be able to assist her at the moment without EH’s confirmation she could not continue living in her accommodation because of the extent of the damp and mould. She should come back to it for assistance if EH confirmed this;
• the landlord would be responsible for providing her with alternative accommodation if she had to leave her home while repair work was being completed;
• she would need to complete an affordability assessment. If this showed she could not afford the rent, her case would be allocated to an officer who would work to try to prevent her from becoming homeless; and
• the Council would provide her with temporary accommodation if homelessness could not be prevented and she and her child had to leave the property. This would be a hostel or bed and breakfast accommodation which might be outside of the area.

March 2025: further contact with EH and homelessness teams

37. The Council’s records show the following contact:

• 10 March: Miss Y asked EH for an update. She said the problems were getting worse;
• 14 March: EH told Miss Y it was now in a position to contact the landlord and their agents about the issues. It would start with an informal approach which would hopefully trigger action. If not, a formal visit might be needed;
• 18 March: Miss Y spoke to the homelessness team at its drop-in service. She said EH were involved and asked what help the Council could give her. The officer explained the advice given in the previous call. They advised her to provide a GP’s letter confirming how the issues at her accommodation were affecting her and her child’s health;
• 18 March: Miss Y sent EH a letter from her GP. She asked it to contact the homelessness team about her situation;
• 22 March: Miss Y told the homelessness team she was formally requesting urgent rehousing due to the severe health risks caused by her housing conditions.
• 24 March: Miss Y asked EH for its report on the damp and mould. Her landlord had said they had not yet heard from EH and would arrange to clean the mould and repaint. She was concerned this would not resolve the problem and that EH had still not contacted the homelessness team;
• 24 March: the homelessness team contacted EH about Miss Y’s concerns. It asked it to update them and Miss Y on the position;
• 25 March: Miss Y told the homelessness team she had been advised by her solicitors she could make a homelessness application. It confirmed this was correct, but it would have to establish whether she could continue to occupy her accommodation, or was threatened with homelessness. It needed information about this from EH. It said it would update her when it heard from EH;
• 25 March: EH spoke to the homelessness team about Miss Y’s case. It said EH was dealing with this informally as the landlord’s agents were taking steps to remedy the issues. It was meeting the agents at Miss Y’s property later that week. It confirmed, while there was mould at the property, it was still habitable, and the issues could be resolved.
• 25 March: EH told Miss Y it had not issued a formal report at this stage as it was communicating informally with the landlord’s agents. It understood the landlord was open to undertaking work. It had advised the agents painting over was not the answer. EH would meet the agents at the property to review its findings and the work needed. There would be a clearer understanding of the landlord’s willingness to undertake the necessary work after this meeting;
• 27 March: Miss Y spoke to the homelessness team. It told her EH had advised the landlord’s agents were taking steps to remedy the issues and that, while there was mould at the property, it remained habitable and the issues could be resolved.

Miss Y’s complaint to the Council

38. Miss Y complained to the Council on 24 March about the way EH was dealing with the damp and mould at her accommodation. She said:

• EH had not responded when she first reported the damp and mould at her home;
• it had not sent her a report of the inspection completed on 26 February;
• there hadn’t been any contact with the landlord. The homelessness team wouldn’t help her until EH had updated it about the landlord’s response;
• she was constantly sick from the mould issues. Her child had developed asthma and she was worried about their safety. She was now on medication because of the stress and anxiety; and
• she wanted EH to contact the landlord to get the issues sorted.

March 2025: EH action regarding the damp and mould issues

39. On 28 March EH sent the landlord’s agents a detailed report setting out the damp and mould issues the landlord needed to address. This included issues identified in the landlord’s damp report and additional areas of damp identified by EH’s inspection. It also sent a copy to Miss Y.
40. The report:

• set out the actions the landlord needed to take to remedy the damp and mould issues in the porch, living room, dining room, bathroom, kitchen, front and rear bedrooms;
• said it would be beneficial to meet at the property, so the EH officer could point out the issues to help the agents move matters forward with the landlords co-operation;
• proposed a formal inspection of the property on 1st April 2025, under Section 239 of the Housing Act 2004; and
• said it might be useful for the agents to bring their contractor so that action to address the concerns could be addressed during this visit.

41. EH completed the formal inspection on 1 April. On 2 April it asked the agents to confirm within seven days whether the landlord would complete the work in the report.

April to May 2025: Further contact with EH and homelessness team

42. In April Miss Y contacted the homelessness team about her concerns she could not afford her accommodation. She sent it an affordability assessment completed with an advice organisation. The homelessness team:

• asked Miss Y for further information about her circumstances so that it could look at the assistance the Council could offer; and
• confirmed it had opened a case for her. It could consider possible assistance with the rent shortfall. But this would not allow her to join the Housing Register as she did not currently have a housing need.

43. On 24 April, the landlord’s agents came back to EH with a quote for the work set out in the report.
44. Miss Y’s solicitors submitted a homelessness application to the Council on her behalf. Miss Y told the homelessness team on 24 April work was starting on her property but the landlord had refused to provide her with alternative accommodation. It advised Miss Y to confirm this in writing with the landlord and come back to the Council if the landlord still refused to accommodate her.

April to May 2025: completion of the remedial work

45. On 28 April EH contacted Miss Y to confirm that she had moved into the hotel accommodation the landlord had arranged for them. The officer said they would visit her property to get an update on the work. This visit was carried out on 29 April.
46. On 30 April Miss Y told EH they were now back at home, and the remaining work was being completed.
47. On 6 May EH advised Miss Y it would like to arrange a time to visit to check on the progress of the work.
48. Miss Y was unwell for some time and was unable to arrange for another visit by EH to check on the work. But she told it in June all the remedial work had been completed.

May 2025: assessment of Miss Y’s homelessness application

49. The homelessness team accepted a duty to prevent Miss Y’s homelessness on the basis the property was unaffordable.
50. It then assessed Miss Y’s application on 16 May and recorded:

• Miss Y had approached it as she believed her property was unaffordable. She had provided an affordability assessment completed with an advice organisation;
• it had made enquiries and completed its own affordability assessment. This showed, based on the amount Miss Y and her partner had left each month after paying rent, the property was not unaffordable; and
• on this basis it did not consider Miss Y and her partner were threatened with homelessness.

51. The homelessness team discussed the affordability assessment with Miss Y on 19 May. It then made a decision to end the prevention duty because its work had successfully helped Miss Y to remain in her accommodation. It sent Miss Y a letter confirming this.

May 2025: Council’s response to Miss Y’s complaint

52. In its final response to Miss Y’s complaint the Council said:
1. With regard to EH’s actions:

• it acknowledged it initially took longer than would have ideally been the case for EH officers to fully engage with landlord to assess the extent of the damp and mould issues;
• it was satisfied this was due to ownership and management arrangements for property, rather than a failure to treat the matter with an appropriate level of priority;
• it was satisfied due regard had been given to the GP’s letter when making the professional judgement the property was not unsafe for continued occupation;
• the initial phase of remedial works had now been completed. The landlord had covered the cost of alternative accommodation;
• EH had advised about further steps to ensure the property was safe for occupation by Miss Y and her family;
• it was satisfied if any necessary further works were not undertaken in a timely manner, the current informal approach would be set aside and formal action taken.
2. With regard to the homelessness team’s actions:
• having found EH acted appropriately and made a professional judgment the property was not unfit for Miss Y’s continued occupation, it was satisfied the homelessness team’s decision not to provide them with alternative accommodation was reasonable; and
• the homelessness team continued to provide Miss Y with advice and support, and had arranged an assessment of her financial position.

53. Miss Y was not satisfied with the Council’s final response and asked us to investigate her complaint.

Events from June 2025

54. Following a change in her circumstances, Miss Y contacted the homelessness team again about her concerns regarding the affordability of her accommodation.
55. The homelessness team completed a homelessness assessment with Miss Y. She then viewed an alternative private rented property. The homelessness team assessed its affordability and the assistance the Council could provide to Miss Y for the deposit, advance rent and any rent shortfall. Miss Y moved into this alternative accommodation in August/Sept 2025.

My decision – was there fault by the Council causing injustice?

Response to the reports of damp and mould

56. There was some avoidable delay, in my view, by the Council in taking action in response to Miss Y’s reports of damp and mould in her rented home.
57. It took nearly three weeks to respond to her initial contact. Because of this delay Miss Y waited four weeks before the Council came out to look at the issues.
58. Miss Y then had to wait another four weeks, following the inspection, before the Council reported on its findings and the action the landlord should take to remedy the damp and mould issues. I haven’t seen evidence the delay was due to issues outside the Council’s control.
59. I consider the Council took appropriate action from this point on to ensure the landlord completed the work properly and in a timely way.
60. But I consider the initial avoidable delay meant it took nearly two months, from Miss Y’s first contact in January, to the end of March, for the Council to confirm to the landlord the work required to remedy the damp and mould.
61. Given Miss Y’s concern about the impact of the issues on her and her child’s health and the extent of the work required, as indicated in the report, I don’t agree with the Council’s finding Miss Y’s case was appropriately prioritised.
62. In my view this avoidable delay was fault.
63. The Council also failed to respond in a timely way to Miss Y’s complaint of 24 March about EH’s handling of her case. It did not reply until its final response of May 2025. This failure was fault.

Impact of these faults

64. Miss Y was clearly very concerned and worried about the damp and mould at her home and the impact on her family’s health. In my view the avoidable delays and failure to respond promptly to her complaint caused her additional worry, uncertainty and upset at an already stressful time.

Response to Miss Y’s request for housing assistance

65. I don’t consider there was fault in the way the Council responded to Miss Y’s request for housing assistance: In my view the Council properly:

• responded to Miss Y’s contact about her housing situation. It clearly explained the circumstances in which it could consider a homelessness application and answered her other questions;
• communicated with EH to confirm its view on whether it was reasonable for Miss Y to continue to occupy her accommodation; and
• considered Miss Y’s concerns about the affordability of her rented accommodation and assessed her homelessness application.

66. I understand Miss Y’s disappointment that she is not currently able to join the Council’s housing register. Under its allocations scheme, only applicants with an identified housing need, as set out in the scheme, qualify to join the register. In my view the Council properly explained this to Miss Y and why, based on her current circumstances, she did not have an identified housing need.

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Action

67. To remedy the injustice caused by the above faults, and within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Miss Y for the worry, uncertainty and upset caused by the avoidable delay with its response to her report of damp and mould and to her complaint about this. This apology should be in line with our guidance on Making an effective apology; and
2. pay Miss Y £200 in recognition of the worry and upset its failures caused her. This is based on our guidance on remedies
68. The Council should provide us with evidence it has complied with the above actions.

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Decision

69. I find fault causing injustice. The Council has agreed to take the above actions to remedy this injustice.

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Investigator's decision on behalf of the Ombudsman