Welsh Councils Criticised Over Serious Housing Complaint Failings

The Public Services Ombudsman for Wales investigated complaints against both Cardiff Council and Flintshire County Council, uncovering repeated missed opportunities, unnecessary delays, and significant harm caused to tenants, including young children and elderly relatives, as a result of unresolved damp and mould. 

Cardiff Council left a family in 'appalling state of disrepair' 

Ms C, a Cardiff Council tenant, had been reporting damp and mould to the council from as early as April 2021. A significant bathroom leak was also damaging the kitchen ceiling below, and despite repeated contact, the council failed to act. By March 2024, the Ombudsman described the property as having fallen into an "appalling state of disrepair." 

Even after the council formally decided in July 2024 that the property was unfit for human habitation, further avoidable delays followed. Ms C, her two daughters, and her elderly mother spent many months in a home that was not safe or suitable for any of them to live in. 

Michelle Morris, Public Services Ombudsman for Wales, said the failures had a devastating impact on Ms C and her family. The damp and mould posed serious risks to their health, damaged or destroyed many of their belongings, and appeared to contribute to the complete breakdown of the household, with all family members eventually moving out. 

Cardiff Council accepted the Ombudsman's recommendations and agreed to apologise to Ms C and pay her £3,000 in financial redress. It acknowledged that the service it provided fell well below the standards it expected of itself. 

Flintshire Council missed repeated opportunities to tackle damp and mould 

A Flintshire Council tenant referred to as Miss Y raised multiple repair requests about the same persistent problem of damp and mould throughout her home. Despite several officer visits, the council failed to identify that Miss Y had been reporting the same underlying issue. Officers attended to deal with new issues while previous repairs were left unaddressed. 

Once the full extent of the works needed was finally identified, the council still failed to act promptly. Miss Y and her children were left living in unacceptable conditions for five months, including through some of the coldest months of the year. 

Miss Y said the damp and mould had led to recurring chest infections for both herself and her children, and that her youngest child had since been diagnosed with asthma. She also had to dispose of furniture, clothing, and other belongings that had been damaged beyond use. 

What are councils' responsibilities to their tenants? 

Councils are legally required to keep their properties in a safe and habitable condition. That means addressing issues like damp and mould, leaks, faulty heating, and structural damage in a reasonable timeframe once a tenant has reported them. 

Tenants are responsible for reporting problems as soon as they become aware of them, but after that, the responsibility sits with the landlord. Repeatedly attending a property without identifying the root cause or signing off on repairs that have not properly resolved the issue is not good enough. As both these cases demonstrate, the consequences of getting it wrong can be serious and lasting. 

What rights do social housing tenants have? 

Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords, including councils, have a legal obligation to keep their properties in a good state of repair. This covers issues such as damp and mould, leaks and water ingress, faulty heating, and other problems that make a home unsafe or unpleasant to live in. 

If you have reported a problem and your landlord has failed to act, carried out poor-quality repairs, or allowed the same issue to keep returning, you have options. You can make a formal complaint directly to your landlord, and if that does not resolve things, you can escalate to the relevant Ombudsman service or seek legal advice. 

The Ombudsman and why it is not always enough 

In Wales, complaints about council housing can be referred to the Public Services Ombudsman for Wales. In England, that role is carried out by the Housing Ombudsman Service (HOS), an independent body responsible for resolving disputes between social housing tenants and their landlords. Both services can investigate complaints, make formal findings, and recommend repairs, apologies, and compensation where failures are identified. They are free to use and open to all social housing tenants in their respective nations. 

The Ombudsman can recommend action, but it cannot force a landlord to take it. Investigations can take months, and even where findings of serious failure are made, tenants can still find themselves waiting. In Ms C's case, the issues were known from 2021, but the Ombudsman's report came years later, and for families living with mould-damaged belongings and health impacts in the meantime, that process offers little urgency. 

Legal action through a housing disrepair solicitor can lead to faster, enforceable outcomes, including both repairs and compensation. 

How Premier Legal Assist can help 

If you are a social housing tenant and your council has failed to deal with damp, mould, leaks, or other reported repairs, you may be entitled to make a housing disrepair claim. 

Premier Legal Assist works with specialist no-win, no-fee housing disrepair solicitors who deal with council cases regularly. They can help you understand your rights, gather evidence, push for the repairs you are owed, and pursue compensation where appropriate. 

To find out if you are eligible, complete our short claim form or message us on WhatsApp, and a member of our team will be in touch.