0151 665 0320If your landlord will not deal with damp, mould or a serious defect in your home, you do not have to wait for the council to act. Under section 82 of the Environmental Protection Act 1990 you can take your landlord to the magistrates’ court yourself.
The short version: if the condition of your home is “prejudicial to health or a nuisance”, you serve 21 days’ written notice on your landlord. If they still do not fix it, you lay a complaint at the magistrates’ court. The court can order the work done, fine your landlord, and order them to pay your costs.
What is a statutory nuisance?
Section 79(1)(a) of the Act covers “any premises in such a state as to be prejudicial to health or a nuisance”. In a rented home that commonly means:
- Persistent damp and black mould growth
- A property so cold it is a risk to health, usually from failed heating or no insulation
- Sewage escape, blocked or leaking drains
- Rat, mouse or cockroach infestation
- Defective wiring or a dangerous boiler
“Prejudicial to health” is a real legal threshold, not a figure of speech. It means the condition is capable of causing harm. Mould that triggers or worsens asthma is a familiar example.
Why this route matters more than people realise
Most tenants have heard of Awaab’s Law. Fewer realise that, as at September 2026, Awaab’s Law applies only to social housing. It has been in force for social landlords since 27 October 2025. The Renters’ Rights Act gives the government power to extend it to private landlords, but that has not happened yet and is not expected before 2027.
So if you rent privately and your landlord is ignoring damp and mould, Awaab’s Law does not currently help you. Section 82 does, and it has been available the whole time.
The 21-day notice
Section 82(6) requires you to give the landlord written notice of your intention to bring proceedings, specifying what you are complaining about. For a nuisance arising from the state of the premises, that notice period is 21 days.
The notice needs to:
- Identify the property and your tenancy
- Describe the nuisance specifically, room by room
- State that you intend to bring proceedings under section 82 if it is not abated
- Be dated, and be sent in a way you can prove
Get this wrong and the case can fail on a technicality before anyone looks at the mould. It is the single most common reason section 82 claims collapse.
What the court can do
If the magistrates are satisfied the nuisance exists, or that it has been abated but is likely to recur, section 82(2) says the court shall make an order. That can require your landlord to abate the nuisance and to carry out the works needed to stop it happening again.
Beyond the order:
- A fine. Failing to comply with an abatement order without reasonable excuse is a criminal offence.
- Compensation. The court can make a compensation order in your favour for what you have suffered.
- Your costs. Under section 82(12), if the nuisance existed at the date you made the complaint, the court shall order the landlord to pay you an amount “reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings”. That applies even if the landlord rushes to fix the problem before the hearing.
That costs provision is why these cases can be run without you paying anything up front.
The catch worth knowing
Section 82 is a criminal prosecution that you bring. It is not a civil damages claim. It is well suited to forcing work to be done and recovering your costs. If your main aim is substantial compensation for damage to your belongings or your health, a civil disrepair claim may fit better, and the two can sometimes run together.
Your landlord also has defences available, including that they used the best practicable means to prevent or counteract the nuisance. Evidence is what defeats that.
What to do now
- Photograph everything, with dates. Photograph the same spots again a month later.
- Keep every message you have sent your landlord or agent, and every reply.
- See your GP if the conditions are affecting your health, and make sure it goes on your record.
- Get advice before you serve notice. The notice is the step that decides whether the case works.
Frequently asked questions
Do I need the council to inspect first? No. Section 82 is a route you can take independently. A council inspection report helps, but it is not a precondition.
Does it work against private landlords? Yes. Section 82 applies to any person responsible for the nuisance.
What if my landlord fixes it after I serve notice? You may still be able to proceed, and section 82(12) can still require them to pay your expenses if the nuisance existed when you made the complaint.
Can I be evicted for complaining? Section 21 no-fault evictions were abolished by the Renters’ Rights Act, which significantly reduces the risk of retaliatory eviction.
Related guides
- Rent repayment orders: reclaim up to 24 months’ rent
- Which claim do you actually have?
- Illegal eviction and harassment
- 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.