0151 665 0320“Statutory nuisance” sounds like something to do with noisy neighbours. It is much broader than that, and for tenants it is one of the most useful phrases in housing law.
The short version: a statutory nuisance is a condition listed in section 79 of the Environmental Protection Act 1990 that is either prejudicial to health or a nuisance. If your rented home is in that state, both the council and you personally have powers to act.
The categories that apply to rented homes
Section 79(1) lists several categories. The ones that come up in housing are:
- The state of the premises (section 79(1)(a)). The catch-all for damp, mould, cold, structural defects and infestation.
- Smoke, fumes or gases emitted from premises.
- Accumulations or deposits, which covers rubbish and waste.
- Noise emitted from premises.
For most tenants it is the first one that matters.
The two tests
A condition qualifies if it is either prejudicial to health or a nuisance. You do not need both.
Prejudicial to health means injurious, or likely to cause injury, to health. Extensive black mould in a bedroom is the standard example. So is a home that cannot be heated to a safe temperature.
A nuisance in this context borrows from common law and means a substantial interference with your use and enjoyment of the property.
What does not qualify
Being honest about the limits saves everyone time:
- Cosmetic problems. Tired decor, a dated kitchen, a small crack in the plaster.
- Condensation you are causing and could reasonably prevent, with no underlying defect. If the property has inadequate ventilation or heating, that is different, and it is very often the real cause.
- Minor, one-off issues that are being dealt with.
Two routes, and you can choose
Ask the council. Environmental health has a duty to inspect where a complaint is made. If they are satisfied a statutory nuisance exists, they must serve an abatement notice. It costs you nothing. It can be slow, and councils vary enormously.
Take it yourself under section 82. You serve 21 days’ notice and go to the magistrates’ court. You control the timetable, and if you succeed the court must order the landlord to pay your properly incurred expenses.
Tenants often start with the council and move to section 82 when nothing happens.
Building the evidence
Whichever route you take, the case is won on evidence:
- Dated photographs and video, taken repeatedly over time
- Humidity or damp meter readings if you can get them
- Your reporting history to the landlord or agent, in writing
- Medical records connecting the conditions to your health
- An independent surveyor’s report, which is what usually settles it
Frequently asked questions
Is damp always a statutory nuisance? No. It has to reach the threshold of being prejudicial to health or a nuisance. Extent, duration and effect all matter.
Does it apply to private landlords? Yes, to social and private landlords alike.
Can I do this after I have moved out? Section 82 is aimed at abating a nuisance that exists, so it is far weaker once you have left. Other claims may still be open to you.
Related guides
Sources: Environmental Protection Act 1990, sections 79 and 82 (legislation.gov.uk). This article is general information, not legal advice on your situation.