When essential repairs drag on and your health or comfort is suffering, the Environmental Protection Act 1990 (EPA) Part III offers a fast, practical route alongside the usual disrepair claim. It targets “statutory nuisances” such as damp and mould, leaks, defective drains, pests, fumes or noise that are prejudicial to health or a nuisance. .
- Check it’s a statutory nuisance
Ask whether the home is “in such a state” that it risks health or seriously interferes with normal use. Typical examples include persistent damp/mould, foul odours from drains, recurring leaks, rodent infestations, broken extraction in kitchens/bathrooms, and intrusive plant/noise from neighbouring premises. Minor defects won’t qualify; focus on issues with a health impact or substantial interference. - Gather evidence from day 1
Keep a dated log with photos/video, any humidity/temperature readings, doctor’s notes (if relevant), and all communications with the landlord/agent. Retain your tenancy agreement, inventory and any repair reports. Evidence wins EPA cases. - Put the landlord on notice in writing
Write a concise email/letter describing the problem, why it amounts to statutory nuisance, and the specific repairs you expect. Be aware that some landlords respond to repair complaints by threatening eviction. Our tenant eviction solicitors can advise on this. Offer access. Give a short, reasonable period to act (e.g., 14 days for routine issues, sooner if urgent). This 14-day period is practical guidance, not a statutory EPA deadline. - Ask the council to inspect
If nothing moves, contact your local authority Environmental Health team. They can inspect and, where appropriate, serve an abatement notice requiring the landlord to fix the problem by a set date. Council involvement often unlocks stalled repairs and creates authoritative evidence for any later court action. - Consider a tenant-led EPA action (s.82 route)
You don’t have to wait for the council. Under s.82 EPA, you can apply to the Magistrates’ Court for an order to abate the nuisance. Before issuing, you must serve a “notice of intention to bring proceedings” on the landlord/responsible party. The usual notice periods are 21 days for most nuisances and 3 days for noise. Use recorded delivery and keep copies. - Issue proceedings in the Magistrates’ Court
File your application with: a witness statement, photo/video log, medical notes (if any), council letters/inspection reports, contractor quotes, and a draft order stating what you want done and by when. Court staff can explain process steps but cannot give legal advice. Our civil litigation team can help you prepare and file your application. Law centers or housing charities may help with paperwork. - What the court can order
Magistrates can order the landlord to abate the nuisance, prohibit recurrence, set deadlines, and award your reasonable costs. The emphasis is on practical remedies and timelines. - Enforcement and penalties – important distinction
- Council route: Failure to comply with a council abatement notice is a criminal offence and can lead to fines, with additional penalties for continuing offences.
- Court (s.82) route: Breach of a court order is enforceable through the courts (and can lead to prosecution or further orders), but the statutory mechanism differs from abatement-notice fines. Keep reporting non-compliance promptly.
- Costs, risks and strategy
If you lose, you may face some costs, so stay evidence-led and proportionate. EPA action is often quicker than a county court disrepair claim, and the two routes can run in parallel where appropriate. Our landlord and tenant team can advise on the best sequencing for your case. - Keep health front and centre
Ventilate where possible, use temporary mitigations (dehumidifiers, traps, sealing gaps), and seek medical advice if symptoms persist. If there are children or clinically vulnerable occupants, flag this early to the council and the court.