Summary: We found fault by the Council on Mr Y’s complaint about it failing to promptly act on his reports of serious disrepairs and hazards in his privately rented home. The Council delayed dealing with his reports, as well as delayed checking, inspecting, and carrying out a Housing Health and Safety Rating System assessment of the property sooner than it did. It also failed to take formal enforcement action when it found a category 1 hazard. The Council agreed to apologise, make a symbolic payment, and provide training and guidance to relevant officers.

The complaint

1. Mr Y complains about the Council failing to:
1. promptly act on his reports about serious disrepairs and hazards in the home he rents; and
2. properly deal with his complaint under its complaints procedure.
2. As a result, he continued to live in a property that suffered from damp and mould, paid increased heating costs, experienced frustration, and suffered emotionally.

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The Ombudsman’s role and powers

3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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What I have and have not investigated

7. I investigated Mr Y’s complaint from January 2024, and not before. This is because the law says any earlier complaint is late. As Mr Y complained to us in May 2025, we would usually investigate from May 2024. I exercised discretion to investigate from January because he made a report to the Council about the property that month.

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How I considered this complaint

8. I considered evidence provided by Mr Y, the notes I made of our telephone conversation, the Council’s response to my enquiries, as well as relevant law, policy, and guidance. I sent a copy of my draft decision to Mr Y and the Council. I considered their responses.

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What I found

Housing Health and Safety Rating System (HHSRS)

9. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Councils have powers under the HHSRS (introduced by the Housing Act 2004, Part 1) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk.
10. The HHSRS is used to assess all the main housing related hazards. It recognises all homes will contain some hazards. It provides a means of assessing homes which reflects the risk from any hazard. It allows a judgement to be made about whether the risk in the particular circumstances is or is not acceptable. The assessment is solely about the risk to health and safety and not about the quality or standard of any works.
11. Private tenants can complain to a council about the failure of a landlord to keep the property in good repair. A council has powers under the HHSRS to inspect and assess the condition of tenanted properties.
12. Hazards assessed fall into two categories. The most serious hazards are classed category 1, with less serious hazards being category 2. If a Council identifies a category 1 hazard in a property, it must take ‘appropriate enforcement action’ in relation to the hazard. (section 5 (1), the Housing Act 2004). Appropriate enforcement action means (section 5 (2)):

• Serving an improvement notice;
• Making a prohibition order;
• Serving a hazard awareness notice;
• Taking emergency remedial action;
• Making an emergency prohibition order;
• Making a demolition order; or
• Declaring the area in which the premises are situated as a clearance area.

13. The HHSRS also outlines hazard bands to identify the danger a hazard presents to a person. Band A is the highest potential hazard and Band J is the lowest potential hazard.
14. Government guidance says if a landlord agrees to take the action required by a council it might be appropriate to wait before serving a notice. This is unless the landlord fails to start the work within a reasonable time.

The Council’s enforcement policy (September 2023)

15. The Legislative and Regulatory Reform Act 2006 requires regulatory activities to be carried out in a way that is transparent, accountable, proportionate, and consistent.
16. Any action must be proportionate to the seriousness of the breach and the risk to health, safety and welfare, or the effect on the local neighbourhood.
17. Through the policy, the Council aims to improve housing conditions within the private sector by taking action to deal with category 1 and higher category 2 hazards as assessed under the HHSRS to ensure they are removed or greatly reduced.
18. It has a duty to take enforcement action where conditions mean people are much more likely to experience harm and where death or serious illness or injury could be anticipated. These hazards are collectively known as category 1 hazards. It will undertake its legal duty to take enforcement action to reduce category 1 hazards.

Minimum Energy Efficiency Regulations

19. These regulations apply to all privately rented properties in England and Wales which are legally required to have an Energy Performance Certificate (EPC) for relevant tenancy types. Properties below an EPC rating of E cannot be let without a valid exemption in place.
20. The Private Rented Sector Exemptions Register is for properties which:

• are legally required to have an EPC;
• are let on a relevant tenancy type; and
• cannot be improved to meet the minimum standard of EPC band E for one of specified reasons. The prohibition on letting properties below an EPC rating of E does not apply where the cost of making even the cheapest recommended improvement exceeds £3,500. A landlord will need to make all the improvements possible up to £3,500 and then register an ‘all improvements made’ exemption.

21. The exemption must be registered by the landlord or agent which is done on a self-certification basis. It lasts for five years.

Government guidance (Improving the energy efficiency of our buildings: March 2016)

22. The guidance is intended to help enforcement agencies understand and enforce the requirements of the Energy Performance of Buildings (England and Wales) Regulations 2012.
23. It is the duty of every local Weights and Measures Authority to enforce, in their area:

• the making available of EPCs;
• the appropriate commissioning and obtaining of EPCs;
• the displaying of them;
• the inclusion in advertisements of energy performance indicators;
• compliance with the requirements about air-conditioning inspections; and
• ensuring the required documents are produced within seven days.

What happened

24. Mr Y and his wife lived in a privately rented house for more than ten years. He was unhappy with the Council’s response to his reports about its condition.
25. The following are key event dates:

2024:

26. In January, Mr Y reported its condition to the Council. His reports included:

• the EPC. He explained the house was rated as Band F in 2018. The law required all rental properties to have an EPC rating of E or higher before being let to tenants, unless it had an exemption. Mr Y claimed this EPC was used in 2023, to register a temporary exemption on the Private Rented Sector Exemptions Register. This was on the ground all relevant improvements had been made (or there are none which could be made). Mr Y believed it may have been fraudulently obtained and allowed the landlord to justify a rent increase.
• possible unauthorised discharges, and drainage, from the septic tank. This was referred to the Council’s environmental protection team, building control, and then the environment agency.
• a lack of smoke and carbon monoxide alarms in the house.
• a blocked downstairs toilet.
• a lack of proper insulation in the loft.
• external rats along with mould on the ground floor.

27. Concerns about the septic tank and rats were passed to environmental protection who said his previous concerns were sent to the Environment Agency as it was on agricultural land.
28. In February, the Council sent a request for information to the landlord’s agent. The agent said the landlord had arranged a new soakaway to serve the septic tank and these works were done in 2023. A contractor would empty the tank the following month. The blocked ground floor toilet would be inspected. The agent also said the landlord replaced all windows in 2023 and Mr Y installed insulation in the loft when the landlord paid for a new roof. The agent was satisfied the mould reported was old and a result of condensation.
29. The Council advised Mr Y that as the sewage pipe and soakaway were on agricultural land, it was probably one for the Environment Agency to investigate. It told him the Council was not responsible for investigating these reports.
30. In May, the Council emailed the agent to informally ask them to insulate the loft. An email was also sent to Mr Y which explained the Council had asked for the installation of the loft insulation over the coming months.
31. Mr Y chased the Council in June and July as no insultation was installed. The Council told him there was nothing more it could do about the insulation as it was summer so was not a current risk. He was also told of works the landlord did the previous years to improve thermal efficiency such as new UPVC windows and doors, as well as some loft insulation. He was also told there were no issues with the septic tank. The Council sent an email to Mr Y confirming the landlord had been asked to install loft insulation over the coming months.
32. The Council received a copy invoice for the installation of smoke and carbon monoxide alarms in August. The Council provided records showing there were some emails between it and Mr Y during August, but I have not seen the emails themselves. A record of a call to the landlord confirmed Mr Y had been in touch to say no insultation was done
33. In September, Mr Y sent his stage 1 complaint to the Council which it responded to the same month. This confirmed it had told the landlord to upgrade the loft insulation and had considered there was time for this to be done over the summer when he last made contact.
34. The Council chased the agent about the lack of loft insulation. It also asked for a copy invoice showing the septic tank was emptied.
35. The following month, the landlord said an inspection by a contractor of the loft insulation was arranged.
36. In December, the landlord said Mr Y would be away over Christmas and so would do the works in the new year.

2025:

37. In February, officers arranged to inspect his house which was done in April.
38. Mr Y sent the new EPC with Banding F to the Council in March. He argued the previous exemption registered by the agent was wrong as the 2018 EPC gave the wrong insultation measurements for the roof. The new EPC recommended room ‘in roof’ insulation along with other insulation. It recorded wall and roof insultation as ‘very poor’. He wanted the Council to investigate and require urgent improvements.
39. An officer inspected the property in April which found a category 1 hazard (Excess Cold) under the HHSRS as there was:

• a lack of insulation to external walls and the eaves of the roof.
• no insulation in the sloping ceilings, gable ends, or stud walls. This would expose the occupiers to a significant hazard.
• minimal insulation in the loft space.
• it also found some category 2 hazards.

40. The Council required insulation works to external walls, sloping and flat sections of ceiling, along with the loft. The landlord was given until the end of September to do these works. The Council wrote to Mr Y about its duty to take enforcement action for the category 1 hazard. It proposed issuing an improvement notice, but officers wanted to re-inspect his house.
41. The Council issued a Schedule of Works, which referred to the category 1 hazard, in May with a completion date of 30 September along with a reinspection date for 1 October. The agent was asked to upgrade the loft insulation informally. It sent a letter to Mr Y, the agent, and the landlord after the HHSRS inspection.
42. In May, the County Council explained Regulation 34 (The Energy Efficient (Private Rented Property) (England and Wales) Regulation 2015 distinguishes between the local authority which enforces domestic rented properties, and the Weights and Measures Authority, which enforces for commercially rented properties and public buildings.
43. In June, the landlord told the Council he instructed contractors to install insulation.
44. The same month, the Council responded to Mr Y’s formal complaint. A follow up inspection was set for 1 October, and it would monitor works. It noted contractors were already in touch with Mr Y. It was satisfied improvement works were being done. It apologised for the overall delays.
45. The Council provided a copy of a letter from the landlord to Mr Y in June. This said he refused access for insulation works a week before Christmas 2024 and refused to agree access in January 2025. I have not seen evidence showing Mr Y denied access in January 2025.
46. Mr Y again wrote to the Council about a soakaway on the property and discharge of sewage.
47. In July, the Council sent the landlord a Schedule of Works needed at the property. This included the inspection findings showing a category 1 hazard under the HHSRS. These were to be done by 30 September.
48. In August, the contractor told the Council he gained access to the property to prepare a quote for the landlord, but Mr Y now wanted a full asbestos survey.
49. Officers visited Mr Y’s house to inspect it and noted the required works had not been done.
50. The records show a call from the landlord’s contractor in September which said Mr Y declined dates provided. The contractor had now booked other work and did not consider the works on the property would be done before the start of the next month.
51. Mr Y left the house in October. The house remains unoccupied.
52. In response to my draft decision, the Council explained there were unforeseen staffing issues at the time. It tried to ensure continuity but there were further problems which it accepted, with hindsight, contributed to the overall delay.
53. The Council is reviewing the enforcement policy and considering making several improvements including: using a shorter, single-opportunity informal stage; clearer triggers for rapid escalation to formal notices; enhanced case tracking and internal oversight; preparations for enforcement enhancements under the Renters’ Rights Act from May 2026; a change of manager responsible for this team; employing some new staff shortly to help review and evolve practices. The aim was to ensure swifter and more consistent responses in future.

My findings

Complaint a): failure to act on reports

54. I found the following on this complaint:
1. In January 2024, Mr Y alerted the Council to the condition of the house. He mentioned the lack of proper insulation in the loft. Although it then contacted the landlord’s agent, and received a response the same month, nothing further was done in response until May. This was when the Council asked the agent to insulate the loft. This was about 10 weeks after receiving the agent’s response. I consider this delay was fault and caused Mr Y an injustice. He lost the opportunity to have the Council pursue the agent/landlord sooner about the insulation, especially during winter months.
2. Although Mr Y mentioned mould on the ground floor, there was no evidence of the Council inspecting it to check whether the agent’s assertion that it was historic and from condensation was correct or not. This was fault and caused Mr Y an injustice. He lost the opportunity to have the Council check this for itself and has uncertainty about whether this was properly considered.
3. Mr Y told the Council in June and July that no insulation had been fitted. Hearing nothing further, he made a formal complaint in September. I am not satisfied there was fault by the Council during June to September. This was because the Council warned Mr Y back in May that insulation would be done over the coming summer months. The onus was on the landlord to ensure the work was done over this period when it was still relatively warm.
4. I am satisfied the Council could have carried out an assessment after the summer when it was again alerted to the fact that no insulation works had been done. This would have been before the start of colder weather. It could have considered carrying out an assessment around October/November 2024. This failure, and the failure to provide evidence about why it had not considered doing so at this point, was fault. This caused Mr Y an injustice as it meant he lived in unsuitable accommodation for longer than needed.
5. While it was more likely than not the Council would have found a category 1 hazard at this point, it would still have needed to give the landlord time to do the works had it gone on and taken formal enforcement action listed in the Housing Act 2004.
6. In February 2025, the Council arranged to inspect the property. This was not done until April, two months later. Before the assessment, Mr Y sent the Council the new EPC which showed the house was now Band F. When the Council carried out the assessment in April, it found a category 1 hazard (Excess Cold). This was not only because of the inadequate loft insulation but also lack of wall insulation.
7. When the Council found a category 1 hazard, it failed to take formal action listed in the Housing Act 2004. Instead, it issued a Schedule of Works. Issuing a Schedule of Works was not formal enforcement action listed in the Act for when a council found this type of hazard.
8. This failure caused Mr Y an injustice. There was a lost opportunity to have formal enforcement action taken against the landlord. He has the uncertainty of not knowing whether formal enforcement action might have encouraged the landlord to resolve the problem with loft insulation sooner.
9. In terms of the category 2 hazards, I found no fault because the Council decided they did not justify taking formal enforcement action on.
10. I found no fault on Mr Y’s complaint about the Council’s handling of his reports about the EPCs obtained by the landlord since January 2024. This is because I am not satisfied the Council was a Weights and Measures Authority. This was evidenced by the fact it has no Trading Standards department.
11. Even if the Council was a Weights and Measures Authority, the concerns Mr Y raised about the 2018 EPC would not have been within its powers to look at. A member of the public who considers an EPC is inaccurate can ask the assessor to check it and make any necessary changes. There is also an appeal to the accreditation scheme operator if unhappy with the outcome of the review. The evidence shows the 2018 EPC gave the contact details of the assessor and the operator to whom the assessor was accredited.

Complaint b): failed to follow complaints process

55. I found the following on this complaint:
1. Mr Y sent his stage 1 formal complaint on 19 September 2024. The Council sent him its response within the 10 working days required under its complaints procedure. Its stage 1 response told Mr Y he could go to stage 2 if he remained unhappy. It provided him with a link to its complaints procedure. There was no fault on this complaint.
2. The complaints procedure does not set out a time limit within which a complainant had to send their request for their stage 1 complaint to go to stage 2. It said a response would be sent within four weeks of receiving the request. The stage 2 response was sent a week later than it should have been. While fault, as it missed the complaint procedure timescale, in all the circumstances I am not satisfied it caused Mr Y a significant injustice. In reaching this view, I took account of the fact it took him eight months to make the stage 2 request.

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Action

56. I considered our guidance on remedies including that for complainants who continued to live in unsuitable accommodation because of fault. I also took account of: the ages of Mr Y and his wife; there was some insulation in the loft although described as minimal; the Council needed to give a period of time for the landlord to take action even if it had taken formal enforcement action; the date Mr Y moved out; the reduced impact the lack of insulation would have had during the summer of 2025.
57. In addition, I also considered the points the Council made in response to my draft decision which included the unforeseen staffing problems it experienced at the time, as well as it acting in good faith to ensure continuity for Mr Y. While there was some evidence of Mr Y not agreeing to some dates for the works, I am not satisfied his refusal a week before Christmas 2024 was unreasonable or obstructive. It is not unusual for people to travel at this time of year. There was no other evidence showing Mr Y had been obstructive in January 2025 apart from what the landlord had said in a letter to him.
58. I also considered the action the Council has taken as a result of this complaint.
59. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send a written apology to Mr Y for the injustice caused by the failures to: deal with his reports without delay; check the report of mould itself; consider in 2024 whether it needed to carry out a HHSRS assessment of the house; take formal enforcement action when it identified category 1 hazards.
2. Pay £980 to Mr Y (7 months x £140: February 2025 to September 2025) for the injustice caused.
3. Remind relevant officers of the need to inspect and assess properties as soon as possible where reports are received which suggest the presence of category 1 hazards.
4. Provide guidance/training to relevant officers of the need to take formal enforcement action where category 1 hazards are identified during assessments.
60. The Council should provide us with evidence it has complied with the above actions.

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Final decision

61. I found the following on Mr Y’s complaint against the Council:

• Complaint a): fault causing injustice; and
• Complaint b): fault causing no injustice.

62. The agreed action remedies the injustice caused.

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Investigator's decision on behalf of the Ombudsman