ABSTRACT
Unlike the Housing Act 2004, s.82 of the Environmental Protection Act 1990 permits any persons affected or “aggrieved” by the existence of a statutory nuisance to take their own action and obtain a nuisance abatement order in the magistrates’ court. Other than for matters of disrepair under the Landlord and Tenant Act 1985, this is the only route by which tenants can seek redress for housing conditions. This might change if the Homes (Fitness for Human Habitation) Bill becomes law.
Much of the case law pertaining to statutory nuisances resulting from the state of residential premises - under s.79(1)(a) EPA 1990 - has been the result of persons aggrieved taking their own actions under s.82 EPA 1990 (and its predecessor in s.99 of the Public Health Act 1936). The prejudicial to health limb under s.79(1) is available for internal statutory nuisances: the nuisance limb only being so when a property boundary has been crossed, when neighbouring property is affected.
