21-day notice to landlord before Section 82 court proceedings
When to use this
- Your home has a statutory nuisance: active pests, serious damp, sewage, smells, or structural problems affecting health.
- You want to take your landlord to the Magistrates' Court under Section 82 EPA 1990.
- You must send this notice at least 21 days before applying to the court.
What to attach
- Dated photos of the nuisance
- Doctor's letter if your health is affected
- Copies of earlier repair requests
The template (copy or print)
[Your full name] [Your address, including postcode] [Today's date] [Landlord's full name and address] FORMAL NOTICE under Section 82 of the Environmental Protection Act 1990 Dear [Landlord name], Re: Statutory nuisance at [Your address] I, [Your full name], tenant at [Your address], hereby give you notice under Section 82(6) of the Environmental Protection Act 1990 that I intend to bring proceedings before the Magistrates' Court in respect of a statutory nuisance at the above property. The nature of the nuisance is: [describe in plain language, for example: persistent black mould throughout the bedroom and living room, causing health problems / active rat infestation with visible droppings and gnaw marks / sewage smell from drains backing up into the bathroom / no working heating causing the home to be prejudicial to health]. The nuisance has been present since approximately [date] and I first reported it to you on [date(s)] [by phone / in writing / through the repair portal]. Despite my reports, the nuisance has not been resolved. [Include if health is affected: The nuisance is prejudicial to my health. I have experienced [describe symptoms] and have sought medical advice.] You have 21 days from the date of this notice to remedy the nuisance. If the nuisance is not resolved by [date 21 days from today], I will apply to the Magistrates' Court for an order requiring you to remedy it, and for any compensation and costs available under Section 82. Yours sincerely, [Your full name] [Your phone number] [Your email address]
After you send it
Send by recorded post or email with read receipt and keep proof of delivery. Note the 21-day countdown. If the nuisance is not resolved by then, contact a solicitor or ask us about next steps.
See also: the related guide.
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