What is an EPA Section 82 claim? (the fast route for bad conditions)

Direct answer

Section 82 of the Environmental Protection Act 1990 lets you take your landlord to the Magistrates Court directly when your home is bad enough to harm your health, for example serious damp and mould, pests, sewage smells, or no heating. It can be faster than a normal disrepair claim, and it works for both council and private landlords. It can also run at the same time as a claim for compensation. To find out if it is right for you, call us free on 0800 030 4669.

When this route helps

A Section 82 case is about the state of your home being a health risk right now. It is often a good fit when:

• you have an active pest problem (rats, mice, cockroaches)
• your heating or boiler has been broken for a long time and the landlord keeps dragging
• you have bad damp or mould in a room you sleep or live in
• you are a private tenant and the landlord is dodging you

You do not have to wait for the council to act first. You can take the case yourself.

How it works, step by step

1. Write to your landlord first. You must give them at least 21 days to put the problem right, in writing, in a way you can prove (recorded delivery, email, or the landlord's online portal with a screenshot).
2. If they do not fix it, you can ask the Magistrates Court to take action.
3. The court can order the landlord to fix it by a set date, fine them, and order them to pay you compensation and your costs.

How it is different from a normal disrepair claim

A normal disrepair claim goes through a different court and is usually about getting you compensation and repairs. Section 82 is often faster and is about forcing the landlord to make the home safe now. Many people do both at once: Section 82 to push the landlord to act quickly, and a disrepair claim for the larger compensation.

There is a fuller explanation on our Environmental Protection Act Section 82 law page.

What to do next

Take dated photos, keep a diary of the problem, and send your landlord the 21-day notice. Then call Support for Tenants free on 0800 030 4669, send the short form, or message us on WhatsApp, and we will tell you honestly whether Section 82, a disrepair claim, or both, suits your case.

For free general advice you can also contact Shelter on 0808 800 4444 or Citizens Advice.

Sources

• Environmental Protection Act 1990, Section 82 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)