Section 82 EPA: a step-by-step guide for tenants

Section 82 of the Environmental Protection Act 1990 allows a tenant to take their landlord directly to the magistrates' court when the landlord has allowed the property to become a "statutory nuisance." It is a route that bypasses the civil courts entirely and can be used by tenants without solicitors, though getting legal advice is always worth considering. This guide walks you through the process step by step.

What is a statutory nuisance?

A statutory nuisance is a state of affairs, typically a property condition, that:

• Prejudices health, or
• Is a nuisance

In a housing context, the conditions most commonly argued as statutory nuisances are:

• Damp and mould that prejudices health or constitutes a nuisance
• A building in such a state as to be prejudicial to health (for example, a property in serious disrepair with structural problems)
• Pests on the property (for example, rodents)
• Noise nuisance (less commonly relevant in disrepair cases)

Not all disrepair amounts to a statutory nuisance. The condition must be serious enough to meet the legal threshold. Cold is not automatically a statutory nuisance, but cold caused by serious structural defects may come close depending on the circumstances.

Before you start: what Section 82 cannot do

Section 82 proceedings in the magistrates' court can:

• Result in a nuisance order requiring the landlord to abate the statutory nuisance by a set date
• Result in a fine on the landlord if they fail to comply with the order
• Award you some compensation (up to £5,000 under the criminal court's powers, though amounts vary)

Section 82 cannot award you the full compensation you might receive in a civil disrepair claim. If your primary goal is significant compensation, a civil disrepair claim under Section 11 of the Landlord and Tenant Act 1985 is usually the better route. Section 82 is most useful when you primarily want the repairs done, and you want to use a court process that is free and does not require a solicitor.

Step 1: Document the condition

Before taking any legal step, gather evidence:

• Photographs of the disrepair, taken regularly and dated
• A note of the dates you reported the problem to the landlord and how
• Copies of any written reports, emails, or text messages to the landlord
• Any response (or lack of response) from the landlord

Step 2: Report to the council's environmental health team

Before issuing Section 82 proceedings, you must give your landlord notice. But it is also worth reporting to the council's environmental health team first. If the council inspects and issues an improvement notice or enforcement notice, the landlord may act without you needing to go to court at all.

See our guide: /help-centre/how-to-request-an-hhsrs-inspection.

Step 3: Serve a 21-day notice on the landlord

Before issuing Section 82 proceedings, you must serve a written notice on the landlord stating:

• That the property constitutes a statutory nuisance (or is likely to become one)
• That you intend to bring Section 82 proceedings in the magistrates' court
• That the landlord has 21 days to abate the nuisance

The notice must be in writing and should be sent by a method that provides proof of delivery, recorded post, or hand-delivered with a witness.

The notice should:

• Be addressed to the person responsible (your landlord by name)
• Describe the statutory nuisance clearly
• State that you are giving notice under Section 82 of the Environmental Protection Act 1990
• Give the landlord 21 days to remedy the problem

Keep a copy of everything.

Step 4: Wait 21 days

During this period, the landlord can abate the nuisance. If they carry out the repairs satisfactorily within 21 days, you may not need to proceed further (though you can still proceed if you wish, for example to recover any compensation).

If the landlord does not respond or does not carry out adequate repairs, you can proceed to issue proceedings.

Step 5: Issue proceedings in the magistrates' court

Section 82 proceedings are issued in the local magistrates' court. You do not need a solicitor, you can represent yourself. The procedure is:

• Attend the magistrates' court in person and explain that you wish to bring Section 82 proceedings
• Complete the court's form (the court clerk will assist)
• The court will set a hearing date and notify the landlord

There is no fee to issue Section 82 proceedings.

Step 6: At the hearing

At the hearing, you will need to:

• Present your evidence of the statutory nuisance (photographs, correspondence, reports)
• Explain the impact on you and your family
• Demonstrate that the condition has continued or continued despite the 21-day notice

The landlord will have an opportunity to respond. The magistrates will then decide whether a statutory nuisance exists and whether to make an order.

Step 7: After the order

If the magistrates find a statutory nuisance and make an abatement order, the landlord must carry out the specified works by the date given. Failure to comply is a criminal offence and can result in a fine. You can return to court if the order is not complied with.

When should I contact Support for Tenants?

Section 82 is one tool among several. If you want compensation for the period of disrepair, not just the repairs being done, a civil claim is usually more effective. We can advise on whether a civil claim or Section 82 is more appropriate in your situation.

Call us on 0800 030 4669. No upfront cost. You only pay if you win.

Sources

• Environmental Protection Act 1990, section 82 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)

Related articles

• What is an EPA Section 82 claim?
• How to request an HHSRS inspection
• Landlord not fixing damp, what to do