How to complain about rented housing (England)

• In the first instance, tenants should raise a complaint directly with the landlord or letting/managing agent.
• Once an internal complaints process is exhausted, if the issue is unresolved the next step could be to seek independent redress, for example, via an ombudsman where one exists.
• As a last resort, tenants and landlords normally have the option to use the courts to resolve disputes. Constituents should seek professional advice before undertaking legal action. The Advicenow website has information on seeking legal aid and assistance. There is also the Commons Library briefing on Legal help: where to go and how to pay.

Private rented sector

There is currently no overarching ombudsman for the private rented sector. The potential routes for redress depend on the type of dispute (see some common complaints below).

The Renters’ Rights Bill, which is currently passing through Parliament, would introduce a new ombudsman service for the private rented sector, which all private landlords would be required to join. For further information see the Library briefing on Renters’ Rights Bill 2024-25: Progress of the bill.

Some local authorities have a Tenancy Relations Service that can assist private sector tenants and landlords to resolve tenancy issues.

Tenancy deposits: the government-approved Tenancy Deposit Protection (TDP) schemes offer a free dispute resolution service which can be initiated by either the landlord or tenant. The Library briefing on Tenancy deposit schemes provides further information.

Housing conditions: problems with disrepair must always be reported to the landlord/managing agent. If the matter is not resolved, the tenant may request an inspection from the local authority’s Environmental Health Officers who have enforcement powers in certain circumstances.

The Homes (Fitness for Human Habitation) Act 2018 provides tenants with the means to take legal action against their landlord without having to rely on their local authority. The government has published detailed guidance on the act. See also the Library briefing on Housing conditions in the private rented sector (England).

Tenancy related fees: landlords and letting agents may only charge ‘permitted fees’. Questions/complaints about fees should be directed to local authority Trading Standards Officers – these officers have enforcement powers. The government has published detailed guidance; see also the Library’s constituency casework page on Tenancy related fees.

Letting and management services: private sector letting and managing agents must be members of a government-approved redress scheme: The Property Ombudsman or The Property Redress Scheme. These schemes provide for independent resolution of disputes. There is government guidance on the schemes.

Illegal eviction/harassment: these are criminal offences under the Protection from Eviction Act 1977. Local authorities have power to prosecute landlords for offences under this act. Tenants should seek assistance from their local authority and the police. Legal advice may also be appropriate, for example, to secure an injunction to be able to return to the property.

Using the courts: depending on the nature of the dispute, legal action may be appropriate. Certain disputes can be adjudicated by the independent First-tier Tribunal (Property Chamber), including disputes over rent increases and tenant fees. The county court will consider actions such as claims for rent arrears and breaches of a landlord’s repairing obligation. Anyone considering legal action should seek advice from a suitably qualified professional.

Social rented sector

Social housing providers (primarily local authorities and housing associations) are regulated by the Regulator of Social Housing. The Regulator’s ​Transparency, Influence and Accountability Standard requires providers to ensure their approach to handling complaints is simple, accessible and publicised. They should also comply with the Housing Ombudsman’s Complaint Handling Code.

Social housing tenants who wish to raise a complaint should, in the first instance, use the landlord’s internal complaints procedure.

If tenants are unhappy at the end of this process, they may refer certain complaints to the Housing Ombudsman Service for investigation. The Housing Ombudsman provides a free, independent and impartial complaints resolution service. The Ombudsman’s determination may include recommendations for action and/or a financial remedy. Not all complaints are covered by the Ombudsman Scheme.

If the Housing Ombudsman identifies possible significant systemic issues they can refer the case to the Regulator of Social Housing for investigation. Other people, for example MPs and local councillors, can also make a referral to the Regulator where they consider a social housing provider is not meeting the regulatory standards. The Regulator does not resolve individual disputes between tenants and landlords.

The Local Government and Social Care Ombudsman considers complaints about local authorities’ wider housing activities, for example in discharging their statutory homelessness duties or allocating social housing. The factsheet Which ombudsman for social housing complaints? provides guidance on the complaint categories that should be referred to the different ombudsman services.

Using the courts: in some cases, it might be appropriate for a social tenant to seek redress through the courts e.g. where a landlord fails to carry out repairs. Measures in the Homes (Fitness for Human Habitation) Act 2018 also apply to social landlords.

Further information and advice

Shelter – How to complain about councils and housing associations.

Citizens Advice – Complaining about your private landlord and Complaining about your letting agent.

Gov.uk – Social housing complaints – make things right.

The Housing Ombudsman Service website provides information and advice for social housing tenants on the different stages of making a complaint.

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.