Environmental Protection Act 1990 Section 82 – Housing Disrepair and Your Rights

If you are living with serious damp, mould, leaks or other poor housing conditions and your landlord is failing to put things right, the Environmental Protection Act 1990 may provide an additional way of taking action.

Section 82 of the Environmental Protection Act 1990 allows a person affected by a statutory nuisance to bring proceedings in the Magistrates’ Court.

For council and housing association tenants experiencing serious housing disrepair, this can be particularly important where the condition of the home has become sufficiently serious to amount to a statutory nuisance.

At Housing Disrepair Helpline, we help council and housing association tenants understand the options available when repairs are being ignored or repeatedly delayed. Housing Disrepair Helpline has helped over 25,000 tenants get their homes fixed and obtain compensation over the last 11 years.

What is Section 82 of the Environmental Protection Act 1990?

Section 82 provides a legal procedure allowing a person who is “aggrieved by” a statutory nuisance to make a complaint to the Magistrates’ Court.

The legislation works alongside the statutory nuisance provisions contained in Section 79 of the Environmental Protection Act 1990.

Section 79 provides that premises can constitute a statutory nuisance where they are in such a state as to be prejudicial to health or a nuisance.

“Prejudicial to health” is defined by the legislation as being injurious, or likely to cause injury, to health.

This means that Section 82 is potentially relevant to housing conditions where the problems are sufficiently serious to satisfy the statutory nuisance test.

What Housing Problems Could Potentially Amount to a Statutory Nuisance?

Not every outstanding repair automatically becomes a statutory nuisance. The seriousness of the conditions and their effects are important.

Depending on the individual circumstances, problems that may contribute to premises being considered prejudicial to health or a nuisance can include:

• serious damp and mould;
• persistent water penetration;
• significant leaks;
• severe condensation associated with defects;
• defective or inadequate drainage;
• sewage or waste problems;
• dangerous or seriously unhealthy conditions; and
• other defects that leave a property in a condition capable of being considered prejudicial to health or a nuisance.

Whether particular conditions meet the statutory test depends upon the facts of the individual case.

Damp and Mould in Social Housing

Damp and mould are among the most common problems reported to Housing Disrepair Helpline.

A small amount of condensation does not automatically mean that a property constitutes a statutory nuisance. However, extensive or persistent damp and mould can be much more serious, particularly where the underlying cause has not been properly investigated or repaired.

For example, damp and mould may be associated with:

• leaking roofs;
• defective windows;
• water penetration through external walls;
• defective guttering or downpipes;
• plumbing leaks;
• defective drainage;
• inadequate ventilation; or
• other structural defects.

The important issue is not simply whether mould can be seen. The cause, extent and seriousness of the conditions need to be considered.

Can a Tenant Take Their Landlord to Court Under Section 82?

Section 82 allows a person affected by a statutory nuisance to bring proceedings.

If the Magistrates’ Court is satisfied that the statutory nuisance exists, or that it has been stopped but is likely to recur, the court must make an order requiring the nuisance to be abated, preventing its recurrence, requiring necessary works, or a combination of these measures.

Where the nuisance arises from a structural defect, Section 82 provides for proceedings to be brought against the owner of the premises.

There are specific procedural requirements that must be followed before proceedings are started.

For most statutory nuisances, at least 21 days’ written notice of the intention to bring proceedings must be given, and the notice must specify the matter complained of. Different notice provisions apply to certain noise nuisances.

Because court proceedings and notice requirements need to be dealt with correctly, tenants considering legal action should obtain appropriate legal advice about their particular circumstances.

Can the Court Force Repairs to Be Carried Out?

Potentially, yes.

One of the important features of Section 82 is that the Magistrates’ Court can make an order requiring the defendant to abate the nuisance and carry out works necessary to achieve that.

The court can also prohibit the nuisance from recurring and require works necessary to prevent it from happening again.

In particularly serious cases, where the court considers that the statutory nuisance makes premises unfit for human habitation, the legislation also provides for an order prohibiting their use for human habitation until they have been made fit.

Can I Claim Compensation Under Section 82?

It is important to distinguish a Section 82 case from a conventional housing disrepair compensation claim.

The principal purpose of proceedings under Section 82 is to stop or prevent a statutory nuisance.

A housing disrepair claim may involve different legislation and legal duties and can potentially seek compensation for the effects of a landlord’s failure to carry out repairs.

Depending upon the circumstances, other important housing legislation may include:

• Section 11 of the Landlord and Tenant Act 1985 – which imposes repairing obligations on landlords in relation to matters including the structure and exterior and certain installations.
• Homes (Fitness for Human Habitation) Act 2018 – which strengthened tenants’ ability to take action where rented accommodation is not fit for human habitation.
• Housing Act 2004 – which introduced the Housing Health and Safety Rating System (HHSRS) for assessing hazards in residential properties.

The appropriate legal route depends on the circumstances, which is why obtaining specialist advice can be important.

What Should I Do If My Landlord Is Ignoring Housing Disrepair?

If you are a council or housing association tenant experiencing housing disrepair, there are practical steps you can take.

1. Report the problems to your landlord

Report the repairs and, where possible, make sure there is a written record. Keep repair reference numbers, emails, letters and screenshots.

2. Take photographs and videos

Photograph problems such as damp, mould, leaks, damaged plaster, defective windows and water penetration. Continue taking photographs if the problem deteriorates.

3. Keep a record of when the problems started

Make a simple timeline showing when you first noticed the problem, when you reported it, who you spoke to and what repairs or inspections have taken place.

4. Keep evidence of the impact

Record damage to belongings and other consequences of the disrepair. Keep receipts and other relevant documents where appropriate.

5. Do not assume repeated promises mean you have to keep waiting

If you have reported serious problems repeatedly and your council or housing association has failed to resolve them, consider obtaining specialist advice about your rights and the remedies potentially available.

Housing Disrepair Helpline Can Help

If you live in a council or housing association property and have reported disrepair but the problems remain unresolved, you can contact Housing Disrepair Helpline.

Housing Disrepair Helpline has helped more than 25,000 tenants over the last 11 years to get problems with their homes addressed and obtain compensation.

We deal with tenants experiencing problems including:

• damp and mould;
• leaking roofs;
• water penetration;
• defective windows and doors;
• plumbing and drainage problems;
• damaged walls and ceilings;
• defective heating;
• structural problems; and
• other serious housing disrepair.

Why Use Housing Disrepair Helpline?

Housing disrepair can involve several different areas of law. The appropriate approach can depend upon the type of property, the nature of the defects, the landlord’s response and the seriousness of the conditions.

Housing Disrepair Helpline is a Claims Management Company and works with a panel of housing disrepair solicitors.

One benefit of using a Claims Management Company such as Housing Disrepair Helpline is that we have access to different specialist firms on our panel. This enables us to consider the circumstances of a tenant’s case and appoint an appropriate specialist housing disrepair solicitor where a claim is suitable.

The appointed solicitor can then consider the relevant legal remedies and whether the tenant may have a claim for repairs and compensation.

Reported the Repairs but Nothing Has Been Done?

You should not simply have to accept serious disrepair because your landlord has failed to deal with your reports.

If you are a council or housing association tenant and you are living with damp, mould, leaks or other serious repair problems, contact Housing Disrepair Helpline.

Tell us:

• who your landlord is;
• what is wrong with your home;
• how long the problems have existed;
• how many times you have reported them; and
• what your landlord has done so far.

We can assess the circumstances and, where appropriate, appoint you with a leading housing disrepair solicitor from our panel to investigate your case.

Speak to Housing Disrepair Helpline

Are you a council or housing association tenant with repairs that are still outstanding?

Contact Housing Disrepair Helpline to find out whether we may be able to help. Call free on 0800 612 4690 (Mon-Sun, 9am-9pm) or start your claim online.

Frequently Asked Questions

What is Section 82 of the Environmental Protection Act 1990?

Section 82 provides a procedure through which a person affected by a statutory nuisance can bring proceedings in the Magistrates’ Court.

Can damp and mould be a statutory nuisance?

Potentially. Under Section 79 of the Environmental Protection Act 1990, premises in such a state as to be prejudicial to health or a nuisance can constitute a statutory nuisance. Whether damp and mould meet that threshold depends upon the circumstances and severity of the conditions.

Can Section 82 make my landlord carry out repairs?

Where the Magistrates’ Court is satisfied that a statutory nuisance exists or is likely to recur, it can make an order requiring the nuisance to be abated and necessary works to be undertaken.

Do I have to give notice before starting Section 82 proceedings?

Yes. Written notice is required. For most types of statutory nuisance, the minimum period is 21 days. Different notice requirements apply to certain noise nuisances.

Can Housing Disrepair Helpline help with damp and mould?

Housing Disrepair Helpline assists council and housing association tenants experiencing problems including damp, mould, leaks, water penetration and other housing disrepair.

What if I have already reported the problem several times?

Keep evidence of your previous reports. If serious disrepair remains outstanding despite repeated reports, contact Housing Disrepair Helpline to discuss whether your circumstances may be suitable for referral to a specialist housing disrepair solicitor.

Does Housing Disrepair Helpline work with solicitors?

Yes. Housing Disrepair Helpline works with a panel of specialist firms and can appoint eligible claimants with a housing disrepair solicitor appropriate for their case.