EPA Section 82: prosecute your landlord in the criminal courts
Section 82 of the Environmental Protection Act 1990 lets tenants prosecute landlords to the Magistrates’ Court when a home is in a state prejudicial to health, a powerful route that works whoever your landlord is. We use it where it gets results.
Section 82 of the Section 82 of the Environmental Protection Act 1990 allows a tenant to bring a prosecution in the Magistrates’ Court where their home amounts to a statutory nuisance, meaning premises in such a state as to be prejudicial to health, or a nuisance. After giving the landlord 21 days’ written notice, the tenant can ask the court to order the landlord to abate the nuisance and carry out works; the court can also fine the landlord, award compensation and order it to pay costs. It applies regardless of tenancy type, including temporary accommodation, and whoever your landlord is: council, housing association or private.
What counts as a statutory nuisance
Under section 79 of the Environmental Protection Act 1990, premises “in such a state as to be prejudicial to health or a nuisance” are a statutory nuisance. In housing terms, that means conditions bad enough to injure health or be likely to — looking at the state of the property as a whole. Conditions that regularly meet the test include:
- Vermin infestation — rats, mice and cockroaches and the contamination they bring (see our vermin page)
- Serious damp and mould growth — the classic statutory nuisance, given the established link to respiratory harm
- Severe condensation from cold, defective housing — significantly, s.82 can bite where a home is prejudicial to health even without a defect that counts as “disrepair” in the civil sense
- Vermin infestation — rats, mice and cockroaches and the contamination they bring (see our vermin page)
- Defective drainage and sewage problems
- Accumulated water ingress, rot and decay making rooms unhealthy to occupy
How an EPA Prosecution works
Section 82 is unusual: it is a prosecution brought by the tenant, in the Magistrates’ Court, without needing the council to act first. The process:
The tenant serves written notice on the landlord of intention to bring proceedings, identifying the matters complained of. The landlord then has 21 days to abate (remove) the nuisance before proceedings can be issued.
An independent expert — typically an Environmental Health Officer — inspects and reports on whether the premises are prejudicial to health, identifying the conditions and the works needed.
If the nuisance remains after the notice period, a complaint is laid before the Magistrates’ Court and a summons is issued against the landlord.
Faced with criminal proceedings, many landlords carry out the works and settle. If it proceeds, the court decides whether a statutory nuisance exists or is likely to recur.
The court can make an abatement order requiring the landlord to carry out works within a set time, impose a fine, award the tenant compensation, and order the landlord to pay costs where the nuisance existed when the complaint was made.
Section 82 or a civil disrepair claim?
The two routes are different tools, and the right choice — sometimes both together — depends on your situation:
EPA Section 82 — Magistrates’ Court
- Tests whether the home is prejudicial to health — works even where there is no “disrepair” in the strict sense (e.g. condensation from inherent cold and poor ventilation)
- Applies whoever your landlord is — council, housing association or private
- Criminal proceedings — significant pressure on landlords to act fast
- Outcome: works order, fine, compensation and costs
- Compensation awards are typically more limited than civil damages
- Applies to Temporary Accommodation not just Tenancy Agreements
Civil disrepair claim — County Court
- Based on the repairing duty and fitness for habitation — see our housing disrepair guide
- Fuller compensation: loss of enjoyment over the whole period, damaged belongings, health impact
- Backed by Awaab’s Law deadlines for social tenants
- Follows the Pre-Action Protocol — structured disclosure and expert evidence
- Injunctions available for urgent works
“Landlords often assume tenants won’t push back. Our job is to make sure they do — and that the repairs actually get done, not just promised.”
Stephen Lund · Director
Expert evidence
Section 82 cases stand or fall on expert evidence. An independent Environmental Health Officer inspects your home and reports on whether its state is prejudicial to health, the central question the court must answer, and specifies the works required to abate the nuisance. We instruct experienced EHOs as part of building the case; your own evidence (dated photos, your reports to the landlord, GP records where health has suffered) supports theirs. Our evidence guide covers what to keep.
EPA Section 82 FAQs
What is a Notice of Intended Prosecution?
It is the formal written notice a tenant must serve on their landlord before starting Magistrates’ Court proceedings, stating the intention to bring proceedings and identifying the matters complained of. For housing conditions the landlord then has 21 days to deal with the nuisance. The notice itself often prompts action and it signals that criminal proceedings are next.
Is taking my landlord to the Magistrates' Court a criminal case?
Yes, Section 82 proceedings are criminal in character, which is precisely why they carry weight. If the court finds a statutory nuisance exists (or is likely to recur), it can order the works, fine the landlord and award compensation. You are the complainant; nothing about the process puts you at risk of a criminal record.
My landlord says there's "no disrepair" because it's condensation. Does Section 82 help?
This is one of Section 82’s great strengths. The test is whether the premises are in a state prejudicial to health, not whether something is broken. A cold, poorly ventilated home riddled with condensation mould can be a statutory nuisance even where the landlord is right that nothing is technically in “disrepair”. See also our damp and mould page on why the condensation defence usually fails anyway.
Can I bring a Section 82 case and a civil disrepair claim?
Often, yes, they complement each other. The Section 82 route creates fast pressure to get the works done; the civil claim secures fuller compensation for the period you lived with the conditions. We assess which route, or which combination, fits your circumstances as part of the free case assessment.
How much does it cost to claim?
We act on a no win, no fee basis under a Conditional Fee Agreement. If your claim is unsuccessful, you do not pay our fees. The full details of how no win, no fee works, including the insurance arrangements that protect you, are set out on our costs and funding page.
Is your home prejudicial to health? Find out free
Tell us about the conditions in your home and what your landlord has (or hasn’t) done. We’ll review it free of charge and advise which legal route — Section 82, a civil claim, or both — gets you the best result.
Free case assessment
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