EPA 1990 Statutory Nuisance Categories and the Abatement Notice Process
Section 79 EPA 1990 statutory nuisance categories relevant to landlords: s.79(1)(a); premises in such a state as to be prejudicial to health or a nuisance (damp, mould, structural defects, pest infestations arising from property condition, inadequate drainage); s.79(1)(e), accumulation or deposit prejudicial to health (rubbish accumulation in communal areas); s.79(1)(g), noise from premises prejudicial to health or a nuisance. 'Prejudicial to health' = injurious or likely to cause injury to health; must be more than trivial inconvenience. 'Nuisance' = unlawful interference with a person's use and enjoyment of land. Local authority abatement notice (s.80 EPA 1990): where the EHO is satisfied that a statutory nuisance exists or is likely to recur, it MUST serve an abatement notice on the person responsible (for structural defects = the landlord as owner); the notice requires abatement and/or specifies works with a reasonable compliance period; landlord must comply within the period or appeal to magistrates' court within 21 days (Statutory Nuisance (Appeals) Regulations 1995); failure to appeal and failure to comply = prosecution; penalties: individual landlord up to £5,000 fine (level 5); company landlord unlimited fine; plus compensation order for the tenant and works order. Appeal grounds include: wrong person served; best practicable means defence (industrial/commercial premises, rarely applies to residential lettings); nuisance from statutory authority of another body.
Tenant's Section 82 Right of Action and Prevention Measures
Section 82 EPA 1990 independent tenant action: the tenant serves 21 days' written notice on the landlord identifying the nuisance; if not abated within 21 days, the tenant lays an information at the magistrates' court (no court fee); the court summons the landlord; if satisfied that a statutory nuisance exists or is likely to recur, the court MUST make a nuisance order requiring abatement, prohibiting recurrence, and/or specifying works; failure to comply with the nuisance order = further fines for each day of non-compliance; the court may award compensation to the tenant under s.82(12) EPA 1990 for loss and damage arising from the nuisance; under the Renters' Rights Act 2025, a landlord cannot use possession proceedings to retaliate against a tenant who has served a s.82 notice or commenced s.82 proceedings. Prevention best practice: carry out annual property inspections and document the condition with dated photographs; acknowledge repair reports in writing within 24 to 48 hours; address urgent repairs (damp, pest, structural) within a reasonable period; install MEV or MVHR ventilation in damp-prone properties; engage professional pest control for pest entry point issues; keep all repair records, contractor invoices, and tenant correspondence. Scotland: EPA 1990 applies; Scottish local authorities enforce the same s.79 nuisance categories; also see Repairing Standard (Housing (Scotland) Act 2006).