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Section 82 of the Environmental Protection Act 1990 lets a tenant or occupier take a landlord to the Magistrates' Court directly when their home is a "statutory nuisance". It is sometimes called a "private prosecution", though Section 82 is technically a civil-criminal hybrid.
This is a separate legal route from a Section 11 disrepair claim. It can run in parallel and is often faster, especially for issues that Section 11 handles slowly (active infestations, persistent smells, lack of heating that has dragged on).
What counts as a "statutory nuisance"
Section 79 of the Act lists the categories. The ones that apply to a rented home are:
- The state of the premises is prejudicial to health or a nuisance. This catches damp, mould, and structural defects affecting health.
- An animal kept in a place or manner prejudicial to health. This catches active rodent, cockroach, or pigeon infestations.
- Effluvia from premises that is a nuisance. This catches sewage backups, drain smells, and similar.
- Accumulation or deposit prejudicial to health. This catches waste, vermin droppings, asbestos dust.
A statutory nuisance does not require the landlord to have been told first. Liability is on the state of the property, not the landlord's knowledge. That said, Section 82 itself requires the tenant to give the landlord notice before issuing court papers.
The 21-day notice rule
Before lodging Section 82 papers at the Magistrates' Court, the tenant must send the landlord written notice giving at least 21 days to fix the nuisance. The notice should:
- Identify the property and the nuisance with reasonable detail.
- Date the notice clearly.
- Be sent in a way the tenant can prove (recorded delivery, email with read receipt, or the landlord's online portal with screenshots).
If the 21 days expire and the nuisance has not been resolved, the tenant can ask the Magistrates' Court to issue a summons.
What the Magistrates' Court can order
If the court agrees the property is a statutory nuisance, it can:
- Make an order (called an abatement order) telling the landlord to put the problem right within a set time.
- Impose a fine on the landlord (Level 4 on the standard scale, currently up to £2,500, with daily penalties for ongoing non-compliance).
- Order compensation to the tenant for losses suffered.
- Order the landlord to pay the tenant's reasonable legal costs.
How Section 82 compares to a Section 11 claim
| Section 82 EPA 1990 | Section 11 LTA 1985 | |
|---|---|---|
| Court | Magistrates' Court | County Court (or High Court) |
| Notice required | 21 days written notice | Reasonable time after notice |
| Trigger | Statutory nuisance (state of premises) | Disrepair to structure / installations |
| Tenant must prove | Property is prejudicial to health or a nuisance | Disrepair + reasonable time elapsed + losses |
| Typical outcome | Abatement order + fine + small compensation + costs | Repair + compensation (typically larger) |
| Speed | Often faster (3 to 6 months) | Slower (6 to 18 months) |
| Reporting history | One report can be enough, the 21-day notice | Multiple reports usually expected |
Many tenants run a Section 82 application alongside a Section 11 civil claim. The Section 82 hearing pressures the landlord to act quickly; the Section 11 claim secures the larger damages.
Who this route suits
Section 82 is particularly useful when:
- You have an active pest infestation (rats, mice, cockroaches, pigeons on the balcony). The Section 11 evidence threshold is hard to meet; Section 82 only needs the nuisance to be present today.
- Your boiler is condemned or chronically broken and the landlord is dragging.
- You have persistent damp or mould affecting your bedroom or living room and the landlord has had repeated reports.
- You are a private tenant whose landlord is dodging. Section 82 applies to private and social landlords alike, and Awaab's Law currently does not.
Who runs Section 82 cases
Section 82 cases are handled by specialist housing solicitors, often on a no-win-no-fee basis with the landlord paying costs if the case succeeds. Because the Magistrates' Court route delivers smaller awards, some specialist firms run these with no fee taken from your compensation at all, unlike a County Court disrepair claim, where a fee (capped by law) comes out of your compensation if you win. Worth asking your solicitor about up front.
Support for Tenants can refer to a solicitor who handles Section 82 cases for free assessment. Free call: 0800 030 4669.
What to do today
- Photograph the nuisance with dated phone images. Multiple angles. Include affected rooms.
- Keep a dated diary of when the nuisance is active (especially for pests, smells).
- Send the 21-day written notice to the landlord by a means you can prove. Keep the receipt.
- Get a doctor's letter if your health is affected. The court takes medical evidence seriously.
- Call us free on 0800 030 4669 for a free assessment of whether Section 82 or Section 11 (or both) suits your case.
Statutory nuisance vs. nuisance neighbour
A common confusion: Section 82 covers nuisances arising from the state of premises, not nuisances caused by other tenants' behaviour. If your problem is noise from a neighbour, that is a different legal route (anti-social behaviour, civil nuisance, environmental-health complaint to the council).
Welsh tenants
The Environmental Protection Act 1990 applies in Wales as well as England. The Section 82 route is available to Welsh contract holders. Renting Homes (Wales) Act 2016 protections also apply in parallel.