Nuisance Claims

What Are Nuisance Claims?

If your landlord or any other person is making your life a nightmare, think excessive noise, smells, damp/mould, infestation, or just general chaos that ruins your ability to enjoy your home, you can call them out. And yeah, this stuff often gets tangled up with the Environmental Protection Act 1990. So, if your flat’s turning into a mouldy dungeon or you’re coughing from some nasty fumes, you’re probably looking at a nuisance which is an environmental claim. It’s all about stopping people from wrecking your right to live in peace, honestly.

The Environmental Protection Act 1990 is on your side. If your landlord, the council, or whoever’s in charge keeps shrugging off these issues and your place turns into a nightmare, you can take action if your nuisance falls into statutory nuisance.

We’ve got a team of no nonsense nuisance claims solicitors who’ve seen it all—and we’re not afraid to call out landlords, councils, housing providers. Most of the time, we’ll take your case on a No Win, No Fee basis, so you’re not risking your own money to pursue a case..

Why Choose Tenancy Advice Service?

Expert Housing Solicitors
Years of experience helping tenants across England and Wales win fair outcomes.

Nationwide Support
Wherever you are in England or Wales, our team can handle your claim.

Clear, Friendly Advice
Plain-language guidance at every step — no jargon, no confusion, just practical support.

Fast, Proactive Service
We act quickly to protect your health and living conditions, pushing landlords and councils to take action.

What Is classed as a Statutory Nuisance?

A Statutory Nuisance is outlined in Section 79 of the Environmental Protection Act 1990 and refers to conditions in a property that poses health risks and habitability. These tend to be more than minor irritations, instead represent significant breaches that can negatively impact your wellbeing.

Statutory nuisance covers situations such as:

• Conditions that are harmful to health, including persistent damp and mould, which may cause or exacerbate illness.
• Interference with comfort or convenience, such as sustained excessive noise or foul odours, which can make it difficult to maintain a normal standard of living.
• Circumstances rendering a dwelling unfit for habitation, for example, unsafe building structures or severe infestations.

When you inform you landlord, local authority, or housing provider about these issues they have a legal obligation to investigate and put them right. Tenants have the right to issue proceedings in court compelling the landlord to carry out repairs and in some cases pay compensation.

The statutory nuisance framework exists to safeguard tenants by ensuring that landlords are held accountable for maintaining safe and adequate living conditions. Our solicitors are available to assist in resolving such matters efficiently with a number of our clients being offered our service on a No Win, No Fee basis.

For further guidance or to start a claim, we recommend you complete an enquiry form call us for a more prompt response.

Examples of Statutory Nuisance covered by the EPA (Environmental Protection Act 1990)

Statutory Nuisance Claim – Infestation 

The Environmental Protection Act of 1990 covers infestations from rats and mice through to insects like cockroaches and bedbugs. If you have reported the infestation to your landlord and haven’t had the issue resolved you could be eligible to file a no win-no fee infestation claim.

Our team of solicitors support tenants across England and Wales, offering assistance for infestation claims in rented properties. This covers issues in privately rented flats and houses as well as council housing. All of our services are provided without upfront fees.

No Win, No Fee Infestation Claims in England & Wales

Statutory nuisance laws put the obligation on fixing the situation onto landlords and councils. Failure to fulfil this duty can constitute the basis for claims for compensation.

A statutory nuisance claim may be appropriate in situations where:

• The infestation was reported but no remedial action was taken
• The presence of pests pose a risk to health
• The property is rendered unfit for habitation

Our firm provides support with:

• No win, no fee claims for rat and rodent infestations
• Compensation claims relating to mice and other vermin
• Legal support for council tenants affected by infestations
• Assistance with claims against private landlords
• Advice regarding tenant rights under the Environmental Protection Act 1990

We operate on a no-win, no-fee basis: clients incur no costs unless their claim is successful.

Get in touch with our team of solicitors to restore the safety and habitability of your rented home.

Statutory Nuisance Claim – Damp and Mould

Damp and mould in rental properties can have bad effects on health, property, and your overall quality of life. The Environmental Protection Act 1990 says such conditions could constitute a statutory nuisance, forcing landlords to take action and put things right again. Where reports of damp or mould have been ignored with no action, tenants could have grounds to submit a no win, no fee claim.

Our solicitors represent tenants throughout England and Wales, assisting with repair, improvement, and compensation claims, all without any requirement for advance payment.

No Win, No Fee Damp and Mould Claims in England & Wales

Where substantial damp or mould is present, landlords bear a legal responsibility to remedy the situation.

You may be able to claim if:

• Damp or mould adversely affects health or personal belongings
• Reports of the problem have been ignored
• The property is unsafe for occupancy

We assist clients with:

• Claims concerning black mould in council housing
• Disputes with private landlords regarding damp and mould
• Compensation claims for health impacts and distress
• Enforcement of repairs under housing law

Our service operates on a no win, no fee basis; fees are payable only upon a successful outcome.

Tenants experiencing damp or mould are encouraged to contact us to determine eligibility for a statutory nuisance claim.

Statutory Nuisance Claims: Sanitation and Drainage Concerns

Blocked drains and sewage leaks along with poor sanitation can compromise the safety and habitability of your rented home. Under the EPA, such issues are classified as a statutory nuisance. If your landlord or local authority fails to address and put these problems right, you may have grounds to pursue a legal claim without incurring upfront costs.

Our services assist tenants across England and Wales in securing essential repairs and obtaining compensation, without any initial financial outlay.

No Win No Fee Claims: Sanitation and Drainage in England and Wales

Every individual is entitled to reside in an environment that meets basic standards of cleanliness and safety. Legal claims may be appropriate in circumstances where:

• The problem has been reported and remains unresolved;
• The issue persists, posing potential risks to health;
• The property is deemed unfit for habitation.

Our firm handles cases involving:

• Drainage deficiencies in council-managed properties,
• Sanitation disputes with private landlords,
• Statutory nuisance claims resulting from sewage leaks,
• Compensation claims for distress and disruption,
• Legal action under the Environmental Protection Act.

We work on a no win, no fee basis, ensuring that you are only required to pay if your claim is successful.

Statutory Nuisance Claim – Poor Ventilation or Heating

If you have poor heating or ventilation your property can suffer from cold, damp, and other unhealthy conditions. Severe cases may even render a property unsafe for occupation.

Under the Environmental Protection Act these problems are classified as statutory nuisances. After a tenant reports these problems to their landlords or local authority, they are obligated to action a remedy. If they don’t, you may be able to pursue a no-win, no-fee statutory nuisance claim.

No Win No Fee Heating & Ventilation Nuisance Claims in England & Wales

Faulty boilers/radiators/vents can result in the build up of moisture in your home causing mould. The Statutory Nuisance law forces landlords and councils to ensure that houses are both properly heated and ventilated.

Tenants may be able to make a claim if

• The heating or ventilation system is insufficient / faulty and has not been repaired.
• The issue has been formally reported, yet no action has been taken.
• The problem is affecting tenant health or daily activities.

Our solicitors assist tenants across England and Wales with:

• Claims against councils for heating failures.
• Disputes with private landlords regarding inadequate ventilation.
• Statutory nuisance claims concerning insufficient heating.
• Claims for compensation arising from distress, inconvenience, and wellbeing impacts.
• Enforcement measures under the Environmental Protection Act.

All cases are managed on a no-win, no-fee basis, ensuring clients are not liable for legal costs unless their case succeeds. Tenants are encouraged to seek legal advice if poor heating or ventilation renders their home unsuitable for habitation.

Statutory Nuisance Claim – Dust or Chemical Discharge

Dust, fumes, smoke, or chemical emissions can compromise the safety and habitability of a residence. This may be caused by nearby construction sites, industrial activity or poor property maintenance. The Environmental Protection Act 1990 categorises such emissions as statutory nuisances.

If your landlord fails to take action after being notified you may be able to file a no win no fee claim for dust or chemical discharge. Our solicitors provide assistance to tenants across England & Wales.

No Win No Fee Dust & Chemical Discharge Nuisance Claims in England & Wales

Exposure to dust, smoke and chemical residues can cause severe breathing and respiratory problems. Statutory nuisance law in England and Wales requires landlords to prevent harmful and unreasonable emissions from affecting residential properties.

You may be able to claim if:

• The issue has been reported but hasn’t been sorted
• Dust, fumes, or chemicals are adversely affecting health or comfort.
• The emissions are persistent, excessive, or unreasonable.

Legal support is available for:

• Council housing claims related to dust and fumes.
• Disputes with private landlords concerning chemical discharge.
• Statutory nuisance complaints regarding smoke, fumes, and dust.
• Claims for compensation for health impacts, disruption, and distress.
• Enforcement actions under the Environmental Protection Act.

All cases are conducted on a no-win, no-fee basis. Tenants whose homes are rendered unsafe by dust or chemicals should seek specialist housing nuisance legal advice to determine their eligibility for a claim.

Statutory Nuisance Claim – Lighting and Glare

Bright lighting (including glare from floodlights) can impair the enjoyment of your home. The Environmental Protection Act allows certain lighting issues to be treated as statutory nuisances forcing your landlord to take corrective action.

When action isn’t taken and your issues are ignored, you gain the right to pursue a no win no fee lighting nuisance claim. Our team of expert solicitors provide assistance to tenants throughout England and Wales.

No Win No Fee Lighting & Glare Nuisance Claims in England & Wales

Exposure to bright lighting at night can make it difficult to get a good nights sleep. Statutory nuisance law requires landlords to prevent unreasonable lighting from affecting their tenants.

Tenants may be eligible to claim if:

• Lighting or glare is persistent and no remedial action has been taken.
• The issue has been reported but remains unresolved.
• The lighting is impacting sleep, health, or overall quality of life.

Legal professionals assist with:

• Council housing claims related to intrusive lighting.
• Disputes with landlords concerning excessive illumination.
• Statutory nuisance claims regarding lighting and glare.
• Compensation claims for inconvenience and negative health effects.
• Enforcement actions utilising the Environmental Protection Act.

All claims are handled on a no-win, no-fee basis. Tenants experiencing substantial disruption due to lighting or glare are encouraged to seek legal advice to determine whether they have grounds for a statutory nuisance claim.

Statutory Nuisance Claim – Fumes, Smoke, and Pollution

Fumes, Smoke, and Pollution: Statutory Nuisance Claims Explained

Any fumes or pollution within your home can present health risks and disrupt you day to day life. These issues may be caused from industrial sites; improper commercial waste disposal with or without a waste management license; or negligent property maintenance. The Environmental Protection Act 1990, classifies certain emissions as statutory nuisances. Anyone affected by such nuisances have the legal right to pursue action especially if landlords or local councils fail to address these concerns. Our team of solicitors throughout England and Wales offer support for tenants seeking to halt these nuisances and obtain compensation, often under a no win no fee agreement that eliminates upfront costs.

No Win, No Fee Claims: Addressing Fumes, Smoke & Pollution Control in England & Wales

You may be able to claim if

• Emissions are persistent, excessive, or objectively unreasonable.
• The issue has been reported but remains unresolved.
• The nuisance negatively impacts health, comfort, or enjoyment of the home.

Legal assistance is available for:

• Council housing complaints relating to fumes and smoke.
• Disputes with private landlords concerning pollution act and emissions.
• Claims under statutory nuisance provisions for smoke and fumes.
• Pursuing compensation for health consequences, inconvenience, and distress.
• Facilitating enforcement via the Environmental Protection Act.

All cases are managed on a no win, no fee basis—clients incur no costs unless their claim is successful.

Step-by-Step EPA Nuisance Claim Process

Step 1: Initial Assessment and Evidence Collection

• Determine whether the issue qualifies as a statutory nuisance under relevant legislation.
• Review the tenancy agreement alongside any written communication (e.g., emails, letters, text messages) pertaining to the concern.
• Gather photographic and video documentation to clearly demonstrate the existence and extent of the problem.

Step 2: Issuing a Formal Notice

• Serve an official notice to the landlord, informing them of the statutory nuisance and requesting remedial action.
• Allow a statutory period of 21 days for the landlord to resolve the matter.

Step 3: Professional Inspection and Reporting

• Engage an Environmental Health Officer to conduct a thorough inspection of the property.
• Ensure the resulting report complies with Environmental Protection Act (EPA) guidelines.
• Obtain a formal certificate verifying the presence of a statutory nuisance.

Step 4: Initiating Magistrates’ Court Proceedings

• If the landlord fails to address the issue within the specified timeframe, initiate proceedings at the Magistrates’ Court.
• The tenant assumes the role of prosecutor in these proceedings.
• Potential consequences for the landlord include criminal sanctions and monetary fines.

Step 5: Compensation and Legal Costs

• The tenant may be awarded compensation of up to £5,000.
• Legal costs incurred by the tenant may also be recoverable.
• The court can issue an order requiring the landlord to remedy the nuisance without delay.

Eligibility Criteria for No Win, No Fee Agreements

A No Win, No Fee agreement enables you to start a legal claim without any upfront costs. This structure aims to reduce financial barriers to justice. However, eligibility is not automatic; only certain cases like those involving statutory nuisance, qualify. Each of our cases undergoes a thorough assessment to ensure it meets the legal requirements and demonstrates a reasonable chance of success.

Eligibility Checklist

Applicants may qualify for a No Win, No Fee arrangement if the following conditions are satisfied:

• Provision of Substantial Evidence

Includes photographs, videos, witness statements, or maintenance/repair records.

• Formal Reporting of the Issue

The problem must have been reported in writing, either to the landlord or the local council, via an official complaint.

• Sufficient Waiting Period

At least 21 days must have elapsed since the issue was reported, with no adequate remedial action taken.

• Independent Expert Confirmation

An inspection or report from a qualified professional must indicate that the problem constitutes a statutory nuisance as defined by the Environmental Protection Act 1990.

Initial Consultation Process

During the complimentary initial meeting, the following steps are undertaken:

• Comprehensive discussion of the claimant’s situation.
• Review of any evidence already collected.
• Assessment of whether legal standards are met.
• Explanation of the No Win, No Fee process and its implications.

Summary of Arrangements

• If the case fulfils all eligibility criteria, legal representation is provided on a No Win, No Fee basis.
• No upfront payment is required from the claimant.
• Legal fees are only payable in the event of a successful claim.

This process is designed to ensure that only viable cases proceed, thereby safeguarding clients from unnecessary financial and emotional strain.

Can You Bring a Housing Disrepair Claim with an Environmental Protection Act Claim?

The simple answer is yes under certain circumstances. It is sometimes possible to pursue both a Housing Disrepair (HDR) claim and an EPA complaint simultaneously. Understanding the distinctions and interplay between these two legal avenues is essential for effective action.

1. Housing Disrepair (HDR) vs. Environmental Protection Act (EPA): Overview

HDR Claim:

• Civil claim under Section 9A, Landlord and Tenant Act 1985.
• Focuses on compelling the landlord to carry out repairs.
• May include compensation for inconvenience, property damage, or health impacts.

EPA Claim:

• Targets statutory nuisances (e.g., mould, pests, sewage) under the Environmental Protection Act 1990.
• Heard in the Magistrates’ Court.
• Can result in repair orders or fines for landlords or councils.

2. Advantages and Disadvantages of Dual Claims

Benefits:

• Enables both civil and statutory action.
• Possibility of compensation (HDR) while using EPA to enforce repairs.
• May incentivise landlords to resolve issues more promptly.
• EPA action can expedite repairs, even if the HDR process is ongoing.

Drawbacks:

• Managing two legal processes increases complexity.
• Risk of higher costs if not managed efficiently.
• Essential to ensure evidence and court orders are consistent across both proceedings.

3. When to Use HDR or EPA

HDR is appropriate when:

• Seeking compensation for discomfort, loss, or nuisance.
• The landlord has failed to complete required repairs.
• The issue does not present an immediate health hazard.

EPA is suitable when:

• There is an urgent health risk (e.g., severe damp, infestations, sewage).
• You have reported the issue, but no action has been taken.
• A court order is necessary to compel the landlord.
• The HDR process is stalled or obstructed.

4. Using EPA if HDR Progress is Insufficient

• If a landlord is unresponsive or causing delays with an HDR claim, filing an EPA complaint is an option.
• The Magistrates’ Court can:
  • Order repairs within a set timeframe,
  • Impose fines or further legal consequences if the landlord fails to comply.
• Initiating EPA proceedings often increases pressure on landlords to resolve both claims expeditiously.

5. The Role of Expert Evidence

• A single expert survey may suffice for both HDR and EPA claims, provided the expert:
  • Can identify statutory nuisances (EPA).
  • Can assess disrepair for civil claims (HDR).

Advantages of Combined Reports:

• Cost-effective.
• Consistent and unified evidence base for both claims.
• Simplifies comparison and coordination between court cases.

6. Inspection Requirements for Both Claims

• One inspection may be used for both claims if it:
  • Meets evidentiary standards for both civil and statutory proceedings.
  • Clearly differentiates between HDR and EPA issues.
• Legal counsel should ensure that reports are properly formatted for use in both County and Magistrates’ Courts.

Pursuing both HDR and EPA claims can be a highly effective strategy for tenants facing serious property issues. However, success depends on careful planning, robust evidence, and appropriate legal guidance. The choice between claims will depend on the urgency, nature of the disrepair, and the available evidence.

Free Consultation

If you believe your landlord is neglecting essential repairs and your situation may fall under the Environmental Protection Act, consult with housing law specialists. They can assess your case, advise on appropriate claims, and may offer support on a No Win, No Fee basis if you qualify. 

Environmental Protection Act: Magistrates’ Court Process for Statutory Nuisance

Overview of the Environmental Protection Act (EPA) and Its Application

The Environmental Protection Act 1990 provides tenants and residents with a legal route to address significant environmental hazards when landlords or local authorities fail to act. This process, distinct from standard housing disrepair claims, enables individuals to seek urgent intervention through the Magistrates’ Court for issues such as:

• Severe damp and mould
• Pest control and infestations
• Faulty drainage
• Exposure to harmful fumes, smoke, or pollution

Key Points:

• EPA claims focus on eliminating statutory nuisances rather than obtaining financial compensation.
• Courts can issue enforceable orders compelling responsible parties to resolve the issue promptly.
• Non-compliance can result in substantial fines and criminal liability.

Initial Magistrates’ Court Hearing: What to Expect

At the first hearing, the Magistrates’ Court will:

• Review your complaint and supporting evidence (e.g., photographs, medical documentation).
• Assess whether the evidence supports proceeding with the case.
• Consider issuing an abatement order, which legally obliges the landlord or council to rectify the problem within a specified timeframe.• In urgent situations, impose an interim order to immediately address the nuisance prior to the final decision.

If the landlord or local authority disputes the claim, the court will schedule a full hearing involving:

• Testimony from expert witnesses
• Evidence from both parties
• Possible cross-examination

Certificate of Statutory Nuisance: Definition and Importance

A certificate of statutory nuisance is an official document issued by the court confirming the existence (or past existence) of a legal nuisance.

Significance:

• Provides authoritative proof of a statutory nuisance, recognised in law.
• Strengthens any subsequent claim for damages or compensation.
• Mandates prompt remedial action by the landlord or council.

Recovery of Legal Costs in EPA Claims

The court has discretion to order the unsuccessful party to pay the claimant’s legal costs. Key considerations include:

• The strength and preparation of your case.
• The complexity and seriousness of the nuisance.

Practical Advice:

• Engaging a solicitor with experience in EPA matters significantly increases the likelihood of recovering legal costs.

Pre-Court Resolution: Is it Possible?

Proactive steps can sometimes resolve the nuisance before full court proceedings. These may include:

• Sending a formal solicitor’s letter warning of potential EPA action.
• Negotiating repair timelines.
• Applying for emergency court orders in cases of immediate health risks.

Often, the prospect of legal proceedings is sufficient to prompt corrective action.

Consequences of Non-Compliance: Fines and Criminal Liability

Failure to comply with an abatement order constitutes a criminal offence under the EPA. The court may impose:

• Significant fines on the landlord or council
• Daily penalties for ongoing breaches
• Further legal action for repeated or persistent nuisance

Nature of EPA Claims: Civil or Criminal?

EPA claims, although initiated by individuals, are treated as criminal proceedings. Consequences for landlords or councils found in breach include:

• Criminal sanctions and convictions
• Financial penalties
• Escalation of enforcement measures if the nuisance is not remedied

Legal Representation: Do You Need a Solicitor or Barrister?

While self-representation is permitted, EPA cases often involve complex legal and evidential issues. Specialist legal representation can:

• Ensure your case is presented effectively
• Secure expert reports and evidence
• Integrate an EPA claim with any concurrent housing disrepair proceedings

Conclusion: Key Takeaways

• The EPA process allows for rapid, legally enforceable remedies to statutory nuisances.
• Courts can compel landlords or councils to act and hold them criminally liable if they fail to comply.
• Individuals may use EPA claims in conjunction with housing disrepair actions for both immediate remedies and compensation.

Contact for Advice

If you are experiencing dangerous conditions in your home and have received inadequate support from your landlord or local authority, contact our expert statutory nuisance solicitors. We offer free initial consultations and, in many cases, represent clients on a No Win, No Fee basis.