0151 665 0320Section 82 claims are won and lost on two things: whether the notice was served properly, and whether you can prove the nuisance existed on the day you complained.
The short version: photograph everything over time, keep your reporting history, get a medical record if your health is affected, and get the 21-day notice drafted properly.
1. Photographs and video, taken over time
One photograph of mould proves very little. A sequence proves a great deal.
- Photograph every affected room, wide shot then close up
- Include something for scale
- Repeat monthly, from the same positions
- Keep the original files, because the date data matters
2. Your reporting history
This is the evidence tenants most often lose. Landlords argue they were never told. Defeat that by keeping:
- Every email and letter, with dates
- Text and WhatsApp threads with the landlord or agent
- Notes of phone calls, with date, time and who you spoke to
- Any repair reference numbers
If you have only ever reported problems by phone, send one email now summarising the history. It converts a verbal record into a written one.
3. Medical evidence
If the conditions are affecting anyone’s health, particularly a child’s or anyone with a respiratory condition, see your GP and make sure it is recorded. Ask for a copy of the relevant notes. This is what moves a case from unpleasant to prejudicial to health.
4. An independent expert report
A surveyor’s report identifying the cause is usually decisive. The key question is whether the damp is caused by a defect in the property, such as a failed damp proof course, a leak, or inadequate ventilation, rather than by how the property is being lived in. That distinction decides most damp cases.
5. Environmental health involvement
If the council has inspected, get a copy of the report. If they served an abatement notice, get that too.
6. The notice itself
Section 82(6) requires written notice of your intention to bring proceedings, specifying the matter complained of. For the state of premises, that is 21 days. The notice must identify the property, describe the nuisance clearly, state your intention to bring proceedings, and be sent provably.
A vague notice is the most common reason a section 82 case fails. It is worth getting drafted properly.
What you do not need
- You do not need the council to have acted
- You do not need your landlord to admit anything
- You do not need money up front, because section 82(12) requires the court to order the landlord to pay your properly incurred expenses where the nuisance existed at the date of complaint
Frequently asked questions
How long should I gather evidence for? Long enough to show the problem is persistent. Two to three months of dated photographs is usually convincing.
What if I have already thrown away damaged belongings? Photographs, receipts and bank records help. Keep anything you still have.
Does an expert report cost me anything? Usually it can be arranged as part of a funded claim rather than paid for up front.
Related guides
- Section 82: taking a landlord to court over damp and mould
- Council route or your own court claim?
- Free tenancy deposit check
Sources: Environmental Protection Act 1990, sections 79 and 82 (legislation.gov.uk). This article is general information, not legal advice on your situation.