Statutory Nuisance UK — Landlord Obligations Under the Environmental Protection Act 1990

What is Statutory Nuisance — The EPA 1990 Definitions

Section 79 EPA 1990 sets out an exhaustive list of matters that constitute statutory nuisances if they are prejudicial to health or a nuisance. The categories most relevant to residential landlords are: (i) Any premises in such a state as to be prejudicial to health or a nuisance (s.79(1)(a)): this is the broadest category and covers damp, mould, defective drainage, structural defects, insect or rodent infestation arising from the condition of the property, inadequate heating, and similar conditions. The requirement is that the state of the premises (not the occupier's activities) creates the nuisance or health risk; (ii) Accumulation or deposit (s.79(1)(e)): an accumulation of rubbish, waste, or other matter in or near a dwelling that is prejudicial to health; (iii) Animal keeping (s.79(1)(f)): keeping animals in a manner prejudicial to health or a nuisance; (iv) Noise from premises (s.79(1)(g)): noise emitted from premises that is prejudicial to health or a nuisance — where the noise is attributable to the landlord (e.g. a noisy management system, a failed communal boiler making excessive noise), this could engage the landlord; (v) Artificial light nuisance (s.79(1)(fb)): introduced by the Clean Neighbourhoods and Environment Act 2005. 'Prejudicial to health': defined as injurious or likely to cause injury to health. The threshold is not trivial inconvenience — the condition must create a real risk to the health of the occupier. 'Nuisance': the legal concept of nuisance requires an unlawful interference with a person's use and enjoyment of land, or rights over it, or an interference with a right in rem. The standard for statutory nuisance is lower than common law private nuisance — but still requires a material, not a trivial, interference.

• s.79(1)(a) EPA 1990: premises in a state prejudicial to health or a nuisance — the widest category; covers damp, mould, structural defects, infestations arising from the property's condition
• Awaab's Law (Housing (Additional Provisions) Act 2023): from 2024, social landlords must address damp and mould within specific timescales; private landlords are subject to EPA 1990 and HHSRS rather than Awaab's Law directly, but the same underlying condition (damp/mould prejudicial to health) engages EPA 1990 s.79(1)(a)
• Prejudicial to health: must be injurious or likely to cause injury — not merely inconvenient; an EHO assessment or medical evidence may be required to establish the health impact
• Nuisance vs disrepair: statutory nuisance under EPA 1990 overlaps with disrepair under s.11 LTA 1985 but is not identical; a condition can be a statutory nuisance without being a breach of the repairing covenant, and vice versa
• Tenant-caused nuisance: if the nuisance arises from the tenant's own activities (e.g. the tenant's failure to ventilate causes mould), the local authority may not serve an abatement notice on the landlord — but the landlord should still address it as a courtesy and to avoid reputational risk

Local Authority Abatement Notice — Process and Landlord's Response

Where a local authority environmental health officer (EHO) is satisfied that a statutory nuisance exists or is likely to recur, it must serve an abatement notice under s.80 EPA 1990 on the person responsible for the nuisance (or, if the nuisance arises from the structural condition of premises, on the owner). The abatement notice: (i) must require the abatement of the nuisance, or prohibit its recurrence, or both; (ii) may specify works to be carried out within a set time period (which must be a reasonable period having regard to the nature of the works required); and (iii) is served on the person responsible — for structural defects, this means the landlord, not the tenant. A landlord who receives an abatement notice must: (a) comply with the notice within the specified period; (b) appeal the notice to the magistrates' court within 21 days if grounds for appeal exist (the grounds are set out in the Statutory Nuisance (Appeals) Regulations 1995); or (c) if no appeal is made and no works are carried out, face prosecution by the local authority in the magistrates' court. The penalty on conviction is a fine of up to £5,000 for an individual landlord (level 5 on the standard scale for s.80(4) EPA 1990) or an unlimited fine for a company landlord (s.80(4) as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012). The court may also make a compensation order in favour of the tenant and a works order requiring the landlord to carry out the abatement works. Appeal grounds under the Statutory Nuisance (Appeals) Regulations 1995 include: the notice was not served on the correct person; the best practicable means defence applies; the nuisance arises from the statutory authority of another body.

• Abatement notice (s.80 EPA 1990): served by the local authority EHO on the person responsible — for structural defects, this is the landlord; must specify the steps required and give a reasonable compliance period
• 21-day appeal window: appeal to the magistrates' court within 21 days under the Statutory Nuisance (Appeals) Regulations 1995; failure to appeal and failure to comply = prosecution
• Penalties on conviction: individual landlord up to £5,000 fine (level 5); company landlord unlimited fine; plus possible compensation order for the tenant; plus a works order requiring abatement
• Reasonable period requirement: the local authority must allow a reasonable period for compliance — landlords who receive an abatement notice with an unreasonably short compliance period can appeal on that ground; document all communications with the local authority EHO
• Best practicable means defence: for industrial or commercial premises (not ordinarily available for residential dwellings) — the landlord used the best practicable means to prevent or counteract the nuisance; rarely applicable to private residential lettings

Tenant's Independent Right of Action — Section 82 EPA 1990

Section 82 EPA 1990 gives a person who is aggrieved by a statutory nuisance the right to bring independent proceedings in the magistrates' court, without waiting for the local authority to act. This is a significant right because: (i) the local authority may be slow to investigate; (ii) the local authority may decide not to act (e.g. because it considers the matter borderline); or (iii) the tenant may want to pursue the matter more quickly. The s.82 procedure: (1) the aggrieved person (the tenant) must give at least 21 days' notice to the person responsible (the landlord) before commencing proceedings — the notice must identify the matter complained of (the nature of the nuisance and how it is prejudicial to health or a nuisance) and give the landlord 21 days to abate it; (2) after 21 days, if the nuisance has not been abated, the tenant can lay an information at the magistrates' court; (3) the magistrates' court then summons the landlord; (4) if the court is satisfied that a statutory nuisance exists (or is likely to recur), it must make a nuisance order requiring the landlord to abate it, prohibit recurrence, carry out specified works, or some combination; (5) if the landlord unreasonably fails to comply with the nuisance order, the court can impose fines for each day of non-compliance. Courts can also award compensation to the tenant under s.82(12) EPA 1990 if the court is satisfied that the tenant has suffered loss arising from the nuisance. The s.82 right of action is fast, cheap (no court fee), and accessible — it is increasingly used by tenants as an alternative to housing disrepair claims, particularly where damp and mould are causing health problems. Under the Renters' Rights Act 2025, a landlord cannot serve a retaliatory notice to quit (or use any possession ground) in response to a tenant's s.82 EPA 1990 notice.

• s.82 EPA 1990 procedure: tenant serves 21 days' written notice on the landlord identifying the nuisance; if not abated, tenant commences magistrates' court proceedings without needing to go through the local authority
• No court fee: the magistrates' court does not charge a court fee for s.82 EPA 1990 proceedings — making this a very accessible remedy for tenants and a real risk for landlords
• Nuisance order: the court must make a nuisance order if satisfied that a statutory nuisance exists or is likely to recur; order may require works within a specified period and prohibit recurrence
• Compensation under s.82(12): the court can award compensation to the tenant for loss and damage suffered as a result of the statutory nuisance — in addition to (not instead of) the nuisance order
• Anti-retaliation protection: under the Renters' Rights Act 2025 (implementing the Homes (Fitness for Human Habitation) Act principles), a landlord cannot use possession to retaliate against a tenant who has served a s.82 notice or commenced s.82 proceedings

Preventing Statutory Nuisance — Practical Steps for Landlords

The best approach for landlords is to prevent statutory nuisance from arising in the first place. Key preventive steps: (i) Proactive maintenance: address damp, mould, blocked gutters, defective drainage, and pest entry points before they become a health risk; consider an annual or bi-annual property inspection to identify emerging issues; (ii) Respond promptly to repair reports: a tenant who reports damp, mould, or a pest infestation should receive a prompt written acknowledgement and an inspection within a reasonable period; document all repair reports and responses in writing; (iii) Ventilation: damp and condensation mould is often preventable through adequate ventilation; consider installing whole-house ventilation systems (MEV or MVHR) in properties prone to condensation; provide tenants with written guidance on ventilation; (iv) Pest control: where the property's structure allows pest entry (e.g. gaps in external walls, broken air bricks, damaged roof structure), engage a pest control specialist to treat and close entry points; keep records; (v) Communal areas: for HMOs and leasehold blocks, keep communal areas clean and maintained — accumulation of rubbish in communal areas is a specific statutory nuisance trigger under s.79(1)(e) EPA 1990; (vi) Written evidence trail: in the event of a statutory nuisance investigation or s.82 proceedings, a landlord who can demonstrate a systematic repair and inspection record is in a far stronger position than one who has no documentation. Scotland: statutory nuisance is governed by the Environmental Protection Act 1990 as applied in Scotland; local authorities in Scotland enforce the same s.79 EPA 1990 nuisance categories. Wales: same EPA 1990 framework applies; the Housing (Wales) Act 2014 adds the Renting Homes (Wales) Act 2016 overlay on fitness for habitation.

• Annual inspections: carry out at least one property inspection per year and document the condition; address maintenance issues promptly and keep written records
• Prompt repair response: acknowledge repair reports in writing within 24–48 hours; carry out urgent repairs (damp, pest, structural) within a reasonable period; document the repair timeline
• Ventilation improvements: install mechanical extract ventilation (MEV) or mechanical ventilation with heat recovery (MVHR) in properties prone to condensation; provide tenants with ventilation guidance on the tenancy start
• Pest control: where the structure allows pest entry, engage a professional pest control company; obtain a written report identifying and closing entry points; keep the pest control records
• Document everything: in any statutory nuisance proceedings, the landlord's repair record is the primary evidence; date-stamped photographs, contractor invoices, and written tenant correspondence are essential

Frequently asked questions