Written evidence submitted by The Housing Ombudsman Service [HCE 052]

Housing, Communities and Local Government Committee

Housing Conditions in England

Evidence submitted by the Housing Ombudsman Service

Introduction

1. The Housing Ombudsman Service (HOS) is an executive non-departmental public body, sponsored by the Ministry of Housing, Communities and Local Government.  All local housing authorities and registered social housing providers must be members of the Housing Ombudsman Scheme.

2. HOS provides an independent, impartial, and free service for social housing residents. We make the final decision on disputes between residents and landlords that are registered members of the Ombudsman’s Scheme – this also covers voluntary members, including private landlords and letting agents.

3. The Scheme allows the Ombudsman to look beyond individual disputes to identify key issues that impact on residents and landlords’ services and to share this learning within the housing sector.

Q1: The condition of homes in England, and the prevalence of housing hazards, such as damp and mould

4. HOS collects and analyses data based on our casework from social housing residents who have brought a complaint to us. Our data does not cover complaints that are resolved through a landlord’s complaints procedure, nor instances where a resident may be dissatisfied with an issue in their home but does not bring a complaint. Based on our data ‘property condition’ is the most complained about category. Within this category we include complaints covering condition upon letting, defects, repairs, damp and mould, leaks, heating and hot water, cyclical works, major works, district heating systems/heat networks, aids and adaptations, and pests.

5. Our report on repairs and maintenance, Repairing Trust[1], included information about the quality of social housing drawn from other sources:

• 45% of social homes were built before 1964
• there are 431,142 non-decent social rented homes
• 12.1% of council homes are non-decent
• 1.5 million children in England lived in a non-decent home in 2023 and 19% of those live in social housing
• 9.3% of housing association homes are non-decent
• 3% of housing association homes contain hazards compared to 0.2% reported to the Regulator of Social Housing
• 1 million children live with a serious hazard and 18% of these live in social housing
• 7% of social homes reported with damp and mould in 2023 compared to 4% in 2019

6. There has been a constant rise in the number of complaints we receive about property condition, and this has also meant the number of determinations we have made on this category has also increased year on year. What is most concerning is the level of failure, or maladministration, rate. In 2021/22 this was at 42%. In 2024/25 this rate was 74%.

7. Damp and mould is a recurring issue in our casework. The following table sets out a snapshot of our determinations data over the past 4 years. The failure, or maladministration, rate has increased from 46% to 81%. We can provide full figures if the Committee would find this helpful.

SHS Q1, PRS Q2: The Decent Homes Standard

8. The proposed reforms to the Decent Homes Standard are positive and to be welcomed. A reformed Standard will be a step-change; more investment into existing homes, improved systems and technology, and stronger service management would support the sector to tackle the root causes of complaints. The reforms learn from the existing Standard and propose additions that will support tackling some of the issues we see in our casework, such as focussing on condition rather than age and the addition of window restrictors to improve window safety for children. A common set of requirements and their universal application across the social and private rented sectors will provide much needed consistency. Applying these to supported housing and temporary accommodation would be even better. 

9. There are places where the reformed Standard could go further: 

• Balconies: this is an emerging issue we see in our casework, including examples of poor maintenance and balconies falling into disrepair. Landlords are responsible for the structural integrity of balconies, and addressing safety concerns. There also needs to be adherence to fire safety guidelines as balconies are considered outdoor spaces. We would recommend balconies are added to the list of “key” components in Criterion B.
• Heating systems: we agree heating systems should be a “key” component but would recommend the proposed definition of disrepair should include the functionality of a heating system in addition to an assessment of its safety.
• Pests and vermin: we welcome the inclusion of the entry of vermin to the proposed description of disrepair in bin stores. We would recommend that reference to making a building vermin-proof and resistant to pest infestations is also included in the description of disrepair for relevant components. Pest infestation can be distressing for residents and landlords should have a policy on treating pest infestation in homes, where they have responsibility to do so. There is evidence some landlords fail to acknowledge the seriousness of the issue and do not take remedial action urgently enough to prevent further infestation.
• Internal noise transference: while the reformed Standard will be updated to reflect modern living, the proposed focus is on carpets and remains predominately focussed on external noise insulation. Our report Noise Complaints[2] showed that 76% of landlords said they dealt with all noise reports under their anti-social behaviour policy, yet the same proportion of landlords said most reports were about household noise. Noise transference is often the key issue. By including this in the Standard it would focus on prevention.   

10. Our main concern is the proposed implementation dates of 2035 or 2037 to reach an enforceable Standard. Implementation should be brought forward both of terms of improving property conditions and the impact on residents’ lives. From January 2024, 31% of cases we have determined have been ‘high risk’ - we identify high risk cases based on an assessment of the complaint and/or the resident’s individual circumstances. Most of these cases have covered property condition.  We recognise there will be a balance to be struck. Social landlords will not be able to make a sustainable contribution to vital new homes without also having a strong strategic grip on how they will maintain these, alongside their existing stock and meeting a reformed Standard. We also recognise the costs many landlords will incur, and which could result in increased use of strategic disposals of properties by landlords. There will also be a question as to how quickly social landlords can reconfigure their services, and balance the cost of this with delivering supply.

11. Implementation will also be a key factor for the private rented sector. A future Private Rented Sector Landlord Ombudsman will be able to act where it finds detriment to tenants in relation to matters covered by the Standard, without waiting for a reformed Standard to be in place, using its 'fair and reasonable' remit. It is possible to envisage a situation where a resident may be awarded redress from the Ombudsman for detriment experienced in relation to a matter such as disrepair, but where a local authority would be unable to take enforcement action on the same matter.

12. There are a number of things that could be considered to speed up implementation:

• earlier implementation of certain proposals due to the impact of the hazard on residents, for example window restrictors and damp and mould.
• a requirement for social and private rented sector landlords to meet the reformed Standard once a property becomes void, or the earliest opportunity.
• in line with the government’s “test and learn” approach, Homes England could test plans to meet the reformed Standard alongside for-partnership landlords. 

The above would need to be balanced by considering viability.

13. SHS Q2: Monitoring non-compliance with the Standard is for the Regulator of Social Housing. When we consider individual cases and the Standard is relevant we will continue to inform the respective landlord that their actions were not in line with the Standard.   

SHS Q5: Awaab’s Law

14. Awaab’s Law has the potential to modernise maintenance for the twenty-first century. Methods to both build and maintain homes can be old-fashioned, and our casework regularly highlights inefficiency. From October, in the social rented sector, Awaab’s Law will apply not only to damp and mould but also to emergency repairs. It is right that government has prioritised these areas, and also committed to applying Awaab’s Law to other hazards and introducing it into the private rented sector.

15. The government’s guidance proposes a “test-and-learn” approach ahead of the law’s expansion to other hazards. This means complaints made to landlords will be an early indicator of how it is working. Our investigations will also perform a central role and we will continue to share lessons from our casework to support landlords to meet their obligations in addition to providing redress where we find failings.

16. Social housing landlords report that 9 out of 10 emergency repairs are handled on time, so landlords’ confidence will be higher for meeting these obligations compared to other areas[3]. However, there have been persistent issues in our casework that demonstrate there are still areas for landlords to improve. In particular, these include inspections for damp and mould, record keeping, effective systems, and appropriate triaging of cases. Landlords should not wait for the next stages of Awaab’s Law to roll out and treat issues in isolation, but extend the discipline of addressing hazards as soon as possible, especially when handling mould in a home or block with other hazards present. 

17. The government’s guidance sets out that landlords will have areas of discretion over the law’s application. Section 1.3 confirms it is the landlord’s “judgement” whether the law applies in the first place. Section 3 emphasises the importance of the landlord’s approach to triaging cases – a key gap identified in our casework. Consistency in how landlords will determine whether a case reaches the threshold of ‘significant harm’ or what counts as an ‘emergency repair’, and therefore brings a case into the remit of Awaab’s Law, will be crucial to ensure clarity and fairness for residents. We recommend that the draft guidance is tighten-up in this respect. There also remains a risk that Awaab’s Law could lead to an increase in ‘claim farming’ with landlords potentially having to divert funds from essential housing services to litigation costs.

PRS Q1: The Renters’ Rights Bill

18. In principle the Bill introduces a raft of measures, that together have the potential to drive substantial improvement in housing conditions in the private rented sector. The impact of these measures will need to be monitored to ensure this is the case. The Bill continues the move towards a common set of rights and requirements that apply to all parts of the rental sector, social and private, which is to be welcomed. The Bill also paves the way for rationalisation of the regulatory and dispute resolution landscape for housing matters, and that would herald simplification and improved access to justice for tenants, positive reinforcement for good landlords, and better value for money for tax and fee payers.

SHS Q7: Technology

19. Our report Repairing Trust covers how technology is used in repairs and maintenance and how getting this right can make the job easier. Operatives told us it was useful to have information on previous and upcoming work at a property and the value of being able to upload photos or additional information to help diagnose issues correctly.

20. Shared digital platforms between landlords and contractors show promise, especially with a unified data strategy. However, issues arise when partners lack access to the same digital tools. A centralised dashboard for property reporting is an effective solution, aiding in monitoring and prioritising work. Contractors suggest improving information sharing, particularly for repeat repairs analysis, and a preventative approach by scrutinising trends to reduce repeat jobs. Clean data is essential to enable this but often lacking. Advances in technology, such as self-diagnosing boilers, demonstrate the benefits of technology and data sharing, and artificial intelligence should create further innovation and opportunities.

21. Stock condition surveys help to update and improve the accuracy of information held about a property’s condition. There can be issues with how that information is recorded, stored and monitored, especially when landlords commission third parties to conduct the surveys. The government could consider creating a new Standard to provide clear guidelines on what a stock condition survey should include. This could also link to an approved list of third parties that may undertake these surveys.

SHS Q3: The Competence and Conduct Standard

22. New standards to improve professionalism within the sector, ensuring tenants receive a good service and are listened to and treated with respect and dignity, are to be welcomed. For Competence, we would recommend the following is included:  

• knowledge of complaint handling and dispute resolution principles.  

• knowledge of Equality, Diversity and Inclusion principles, including unconscious bias.   

• technical knowledge of statutory consultation principles and resident engagement.  

• technical knowledge of best practice in data management, reporting and GDPR compliance.   

• knowledge of the landlord responsibilities, particularly when considering repairs and anti-social behaviour.[4]

23. Any technical knowledge and requirements should be applied within a people-focussed culture. As we set out in Repairing Trust, some landlords have embraced this, with visionary leadership to encourage empathic, people-focused services. However we still experience landlords being defensive, deflecting from the reasons for repeated service failure or comparing poor performance favourably to the worst. This creates an impression of not caring when most housing professionals do. Therefore, for Conduct, we would recommend the development of key behaviours expected of housing professions that are people-focussed. Our report on Attitudes, Respects and Rights[5] demonstrate that clear and open communication is a key behaviour central to creating a culture of respect - and residents repeatedly tell us how they can find landlord communication dismissive, derogatory, or even stigmatising. We have also found that complaints teams can be too passive rather than solution-focused - this could also be a key behavioural expectation.

SHS Q8: Further government measures to support social landlords and residents

Redress

24. A well-developed redress system plays a critical part in improving standards – complaints can be an early indicator of whether a policy is working as intended, and that learning can be shared across the sector. HOS has been providing redress to residents in social housing since 1997. Since that time the social housing sector and provision of homes has become increasingly complex, which in turn can impact on clarity of jurisdiction and the ease of the customer journey for those needing to bring forward a complaint.  

25. A new Private Rented Sector Landlord Ombudsman will have a crucial role to play in providing redress and ensuring thematic and systemic learning to drive-up standards in the sector.

26. As the Decent Homes Standard will apply to both the social and private rented sectors, and potentially supported housing and temporary accommodation, and Awaab’s Law will extend to the private rented sector, there would be value in government considering the obvious benefits of a single integrated system of redress.

27. An integrated ombudsman service across all housing tenures would bring greater accessibility and simplicity to the redress landscape, benefiting both residents and landlords in terms of accessibility, consistency of outcomes and sharing learning. This would help to drive up housing conditions, standards and professionalism across the sector. Universal access to redress would also offer continuity if there were major changes to ownership, or restructures and refinancing by providers or landlords, which currently has seen residents disenfranchised.

Knowledge and Information Management

28. Knowledge and information management (KIM) is crucial in maintaining adequate property conditions, as well as effective hazard identification and management. However KIM failures are one of the most significant themes in our casework. We have seen cases with determinations relating to information and data management rise from 73 in 2021/22 to 459 in 2024/25. This is with an increase to the maladministration rate from 53% to 90%.

29. Recurring issues we see include: incomplete or inaccessible data on contact notes, leaving operatives at risk; external contractors receiving outdated or incomplete information through IT systems; and landlords being wary of sharing personal data with contractors, causing frustration. Successful data sharing involves collaboration between landlords and contractors, with data protection experts ensuring safe practices. Our investigations reveal incorrect job closures and inadequate records, causing delays and confusion as a consequence of the above. There is also a financial risk - feedback we have received from direct labour operatives included receiving work jobs by WhatsApp to their personal mobile phones outside of any IT systems used by the landlord, resulting in no way of tracking related or follow-up jobs or applying the correct costings to work undertaken.

30. Given the failures that we consistently see in our casework, we would recommend that government considers the value of a new National Standard for Housing Knowledge and Information Management.

Repairs and maintenance

31. We also made recommendations to government relevant to the Committee’s Inquiry in our Repairing Trust report:

• Government should examine barriers to modernising maintenance, from skills and training to procurement, alongside exploring opportunities for greater collaboration to improve services.
• Government should create a national resident representative body to enhance accountability. This body should be placed on statute to protect and advocate for tenant interests. It should benefit from grant-funding, transparent information on landlord performance on repairs and support local resident groups and/or board members. It should also be able to set codes of conduct for operatives responsible for repairs.

August 2025