Merton Council is deliberately breaking the law, leaving disabled tenants in horrific conditions

[HardyBiscuit]

I would like urgent advice and insight from anyone who has dealt with council housing failures for private tenants, legal battles, or forced homelessness due to totally inhumane and uninhabitable living conditions caused mostly by local authority neglect. My property is privately rented. I live with housing Category 1 hazards, and I am asking for advice because this situation is ongoing.
What is a Category 1 Hazard?
A Category 1 hazard is the most serious level of housing danger under the Housing Health and Safety Rating System (HHSRS). It means the conditions pose an immediate and severe risk to health or life. Councils are legally required under the Housing Act 2004 to take action when a property has a Category 1 hazard.
My property currently has three Category 1 hazards. These have been getting worse, and for four years, I have reported and requested help from Merton Council non-stop for most of this time.
Merton Council has been fully aware of my case for years. Yet, despite their own Environmental Health reports, legal obligations, and repeated complaints, they have refused to act.
My Reality: Living in a Dangerous Home
For four years, I've been trapped in an uninhabitable, rat-infested, water-contaminated flat, with no heating. This is not an exaggeration—this is my daily life:

1. Rat Infestation – Worse Than You Can Imagine

Hundreds, possibly thousands, of rats—some massive—live inside the walls, beneath the floorboards, inside the plumbing, and throughout the entire building and garden of 6 self-contained flats. They infest the sewage system, confirmed by three pest control specialists, all of whom stated it's among the worst infestations they’ve ever witnessed. Rats have damaged plumbing systems and constantly cause internal structural harm. At all times of day and night, I hear them scratching, banging, clawing, and running along metal pipes, inside walls, and beneath floorboards. The sound isn’t just noise—it’s a constant horror, a reminder that I'm surrounded by vermin. I suffer from severe sleep deprivation. Tonight, like most nights, I will remain awake past 5:50am due to the constant loud noises they make around my living space (for instance, beneath my bed or within walls inches from where I sleep). Even during the day, when my severe fibromyalgia is at its worst, I get no rest—the rats never stop. Neighbours have also complained, but Merton Council still refuses to act.

1. Contaminated Water – Merton Council is Fully Aware

The water stinks strongly of sewage and frequently stains everything it touches. After washing, it leaves brown residue on surfaces and even my skin. It's impossible to use for cooking, cleaning, or washing dishes—even mopping floors attracts more rats because of the smell. Thames Water tests confirmed dangerously high levels of lead, fluctuating just below and sometimes likely above the legal threshold, given my reported symptoms. Thames Water and the Drinking Water Inspectorate both advised me in writing to ask Merton Council to urgently investigate the internal plumbing. I provided these letters to Ross Garrod and all council departments, but they've all ignored them.

1. No Heating – No Safe Living Conditions

There's no proper heating, legally making the property unfit for human habitation. I can’t even safely use the minimal heating available because it attracts rats beneath the floors. (As I write this, there's a rat rustling beneath the floorboards by the heater, forcing me to switch off the only heat source available.) I am constantly, forced out of my home because of the unbearable combination of rats, contaminated water, and freezing conditions. Ross Garrod – Leader of Merton Council Ross Garrod is my local councillor here in Mitcham; he is also the Leader of Merton Council. He oversees Housing, Environmental Health, and Adult Social Care. His name carries authority in Merton. I personally invited Ross Garrod multiple times to visit my property, which is literally one minute away from his surgery location in the local library. Yet, he has taken no action at all to help me or even talk about my category 1 hazardous flat. Systemic Neglect – How Merton Council Broke and are Still Breaking the Law This is not incompetence—it's systemic neglect. Each relevant council department has broken clear legal obligations: Environmental Health: Legally obligated under the Environmental Protection Act 1990 and Public Health laws to take enforcement action against severe infestations and water contamination—but they refused to act despite confirming these hazards. Housing Department: Legally required by the Housing Act 2004 to address Category 1 hazards immediately, (I have 3 Cat 1 hazards). Instead, they repeatedly denied my requests for safe alternative housing. Social Services & Adult Care: Required under the Care Act 2014 and Equality Act 2010 to support disabled residents facing severe housing dangers. They refused to intervene even after they themselves found the property inaccessible due to the severity of the rat infestation. This isn't incompetence—it's systemic, deliberate neglect across multiple council departments, each illegally refusing responsibility and passing the problem on to someone else. What I've Done to Challenge This ✅ Submitted multiple formal complaints – All ignored or dismissed.✅ Escalated concerns to my MP & councillors – No removal of the 3 cat 1 hazards.✅ Requested emergency housing – Repeatedly denied, despite overwhelming medical evidence.✅ Involved pest control & Thames Water – Their official reports clearly prove dangers, yet Merton Council continues to ignore these findings. Seeking Advice & Guidance Have you experienced anything similar with your council, especially as a disabled or vulnerable person? Have journalists or housing campaigners successfully intervened to force council action? Are there legal strategies or actions I might not yet have tried to compel quicker council response? How can I effectively hold Environmental Health and Housing accountable for their legal violations? I have video evidence of the rat infestation, photos of water contamination, and over 200 pages of legal evidence, including court filings, Environmental Health reports, and medical documentation. My experience isn't unique—this is evidence of widespread, deliberate neglect by Merton Council, which must be affecting other tenants, both disabled and non-disabled. Thank you for any advice or shared experiences.

Is this a troll, because I don't understand why they're going down the environmental health route, getting all upset, when 2 things are more obvious...

1. Chase the landlord - you have said this is a private rental. It's the landlords responsibility to sort out these problems as it's their house! You haven't even mentioned them.
2. Move. You're a private tenant. You hate your home. Just move. It doesn't meet need anymore. How is that not glaringly obvious? If I was unhappy with my house and it was private rented, I'd just move!

I have contacted Hina Bokhari who is a Liberal Democrat member of the London Assembly but also a Merton councillor - I know her a bit and she is lovely. She suggests that you contact her [email protected]

Hope this helps!

Thank you for your advice Nat6999
I've been repeatedly reporting to Merton Council's Private Rented Housing Standards department for over three years now. Despite so many emails, formal complaints, clear video and photographic evidence, and even independent pest control reports that describe this infestation as among the worst they've seen, the council has completely failed to act and showing rats in the sewage system.
To give you a clearer picture of the severity, I've uploaded a few examples of video and photographic evidence that I sent Environmental Health, housing and Ross Garrod Leader of the council etc.
Video Evidence of Severe Rat Infestation:

• Multiple rodents (at least 5-6 rats visible)
• More than 6 rats, widespread infestation
• 3 large rodents, clearly visible
• Another recording showing 3 rodents at once
• Video clearly showing how large the rodents are
• Another video emphasizing the size of these rats

Photographic Evidence (just a few examples of many):

• Clear rat holes and burrows throughout the garden and next to building entrances, where they have caused structural damage and continue to breed and multiply.

It's a daily nightmare causing severe anxiety, sleep deprivation, and health problems made worse by disability. Environmental Health, Social Services, and Housing have all been involved and made aware repeatedly, yet all have refused to help or enforce the law, despite acknowledging the severity of the situation.
I'm continuing to pursue legal action, but it's incredibly exhausting when facing systematic neglect. Thank you again for your support and for suggesting further routes—I will continue to pursue them.

If your home is privately rented your landlord is the first person you should complain to, why have they not done anything about the issues.

Rat problems are not insurrmountable, you need an exterminator and then to deal with whatever atttacted them to the property - generally it is rubbish and food waste lying around. Do you and your fellow tenants keep your bin area tidy and clean? Is there a hoarder in the block?

Why don't you move?

But you have not answered why you wont move?

To view the photos I have to sign in with my email address
Can you just post the photos and not links to your drive?

Why are you not addressing the question of moving?

@User5274959 I assume not moving because wants a council property instead?
It reads that she hounds the council but not so much the landlord.
That’s usually why posters are evasive and don’t answer.

Op mentioned disability, she may be on benefits, but even well paid workers struggle to get somewhere to live in London and other desirable places. There is a massive housing crisis in the UK.

Yes, she probably would struggle to move. However, surely the focus should be on her landlord's failings as much as, if not more than, the council's. Though maybe the council is the freeholder of the building? Hard to tell.

I agree—I should have moved. That’s my fault. I should have saved the money, and if I had, I would have been able to move by now. That should have been my priority, especially after such a long time. There has been no reason at all that I have not been able to move apart from my own stupidity. This is the most selfish thing I did not do, as I have 3 grandchildren whose lives would have benefitted had they been able to stay at mine even sometimes over the last 4 years, opposed to not once in 4 years.

As many people in London know, it’s not always simple to move to a suitable accommodation. (Suitability in its worst form would be self-contained and without the rats and nasty water - meaning my standards to move are extremely low.)
The financial barrier is huge. The cheapest self-contained flats in London start at £1,300 a month, meaning you need at least £2,600 upfront—and that’s if you can even find a landlord willing to take someone on benefits.

I made, and am continuing to make mistakes by putting my hopes in the correct authorities and in private landlords doing the right thing, but that has only slowed everything down or stopped everything from moving forward. Over four years, my flat has changed private landlords four times - (all these landlords know each other). Each time, I was told to wait for the new landlord to make improvements—but none of them did or are doing anything at all.

The council has used this landlord change as an excuse to delay action. When I went to the council offices 3 days ago, they told me that since I now have a new private landlord, the process starts all over again. That means their useless Environmental Health will come and inspect the property again eventually, and if they find any hazards, they will then tell the new landlord to fix them. Whilst this sounds potentially hopeful, it is clear no action will be taken regardless.

The council has already recognized category 1 hazards.

This resets the process indefinitely. The new landlord will get unlimited time to ‘fix’ the issues, and in the meantime, nothing gets done. Instead of holding any of the landlords accountable, the council is using the system itself to justify delaying action.

I have just spent six months away from this flat because I physically couldn’t stay here. During that time, I was still homeless—sleeping rough, staying with friends, and moving between different homelessness locations. That was my attempt to leave, but none of those options were sustainable. I came back only as I had nowhere else to stay.

At the end of this month, I am being forced find a house share—not because it’s suitable, but because I have no other choice. I have been avoiding me moving into a house share as I also have complex mental health issues. This makes house sharing problematic for those around me and myself - the problems in this scenario can end up becoming serious.

The council is blocking me from getting priority housing. They refuse to declare my property uninhabitable, even though the evidence—hundreds of rats, contaminated water, and no heating—is undeniable - all of which are category 1 hazards in all circumstances.

I know I’m not the only one who has faced this. Anyone who has ever struggled with moving, finding housing, or dealing with landlords and councils knows that things may no go as planned. And when councils refuse to act, it makes an already difficult situation impossible.

Thank you for listening to me.

@couchparsnip – You shouldn't need a Google account or to sign in to view the photos and videos. They're set to be publicly viewable by anyone with the link. Simply clicking the link should open them directly in your browser.
If you still have trouble viewing them, please let me know, and I'll try sharing them through another method.

Ah I see
I can see that the landlord changing complicates things as the council probably have their hands tied and are obliged to give the new landlord time to fix the issue, then as you say, before it get to the point of enforcement, the landlord changes.
Seems crazy that anyone would buy a property with those issues but if they know each other it's clearly not your average house sale.

I hope you find a solution.

@User5274959 – That's what I originally thought too, but I've since learned (through necessity, rather than expertise) that the council doesn’t have to wait when there are Category 1 hazards. They have legal enforcement powers under multiple laws to act immediately, regardless of landlord changes.
In my case, the council has a clear legal obligation to enforce these laws, and by failing to do so, they’re knowingly allowing serious harm to continue and effectively breaking multiple housing, environmental, and human rights laws:
Housing Act 2004 – Councils must legally enforce action immediately when properties present Category 1 hazards—such as severe rat infestations, contaminated water, and lack of adequate heating. Merton Council knows these conditions exist in my flat, yet they have repeatedly chosen not to act.
Environmental Protection Act 1990 – Local authorities must act against infestations that pose a serious public health risk. Despite pest control specialists confirming that this is one of the worst rat infestations they've encountered, Merton Council still refuses to take enforcement action, allowing the infestation to worsen indefinitely.
Care Act 2014 – Adult social services have a statutory duty to ensure vulnerable adults (such as those with disabilities) aren't put at risk by unsafe living conditions. However, when social services visited my flat, they couldn't even enter because of the extreme rat infestation, yet they've taken no further action.
Homelessness Reduction Act 2017 – Councils have an obligation to prevent homelessness by helping people find suitable housing. Despite this duty, I was homeless for six months, forced to sleep rough, stay with friends, and move between different temporary solutions because my flat remained unsafe and uninhabitable.
Environmental Protection Act 1990 – Councils have a clear duty to tackle infestations posing significant risks to health. Multiple independent pest control reports confirm this infestation is extreme—yet the council has consistently failed to issue enforcement notices or compel any landlord to act.
Human Rights Act 1998 (Articles 3 and 8) – Everyone has the right to live free from degrading treatment and the right to a private and family life. Merton Council’s inaction directly violates these fundamental rights by forcing me to live in constant exposure to severe hazards, preventing basic, normal family interactions, including contact with my grandchildren.
The Council’s Deliberate Tactics to Avoid Taking Action:
Instead of enforcing the law, the council deliberately restarts the enforcement process each time a new landlord takes over. This repeatedly delays action, giving each landlord unlimited time to “fix” problems that have persisted for years.
In short, they're using the system to avoid accountability, leaving vulnerable tenants like me in permanent danger.
I have tried my hardest to get the landlords to do the work. But this has what has led to the landlords changing hands.

You could also reach out to the Wimbledon Guild who may be able to provide advice. I am very sorry you are in such a tough situation.

I wouldn't rely on the Human Rights Act. It merely throws up grounds for argument and procrastination.

Oh, so the council does pay your rent. Now I understand why you’re so insistent on getting the council involved. Although as they’ve told you, this is really a landlord issue.

FYI a deposit is usually 6 weeks worth of rent, so wouldn’t be as much as £2600 if a flat is 1300pm. If I were you I would really focus your energy on saving for this and looking for new homes, rather than fighting a losing battle with the council. Can you get a loan out to pay for a deposit? Borrow from family/friends? Consider moving somewhere cheaper outside London? This is really a situation you need to be out of asap. Your energy is currently focussed in the wrong place imo.

As you’re older (you talk about grandchildren) and have disabilities I would approach your council housing dept about applying for a flat in some sort of sheltered scheme. There is usually less demand for them as you wouldn’t be competing with younger people/families.