Section 82
Section 82 Environmental Protection Act 1990 – Housing Disrepair Claims
If you are experiencing conditions in your home that impact your wellbeing, you may be able to bring a Section 82 application. These applications are handled exclusively by our Birmingham team.
Take action against unsafe living conditions
If you’re suffering due to damp, mould, leaks, infestations, or other housing disrepair problems that your landlord refuses to fix, you may be entitled to take legal action under Section 82 of the Environmental Protection Act 1990.
At McGrath & Co (part of GT Stewart Solicitors), we have over 25 years’ experience supporting tenants to bring legal action against landlords who fail to provide safe and habitable housing. We help tenants bring criminal proceedings in the Magistrate Court against their landlords under Section 82, holding them accountable for statutory nuisances that harm your health or wellbeing.
We are committed to helping tenants fight for healthier homes.
What is Section 82?
Section 82 of the Environmental Protection Act 1990 allows tenants to bring criminal proceedings against their landlords if their property is deemed a statutory nuisance, meaning it is either injurious to health or unfit for habitation.
This route is especially useful where:
- The disrepair has not been resolved despite complaints.
- The landlord is a local authority
- The issue poses a direct risk to health
Common housing disrepair issues covered under S82:
- Damp or mould in the property
- Rodent or insect infestation
- Leaking roofs or walls or windows
- Problems with drains or sewage
- Broken boiler or heating not working
- Faulty electrics within the property
- Housing conditions negatively affecting your health
How we can help:
We represent tenants in Birmingham whose landlords are local authorities. If you are suffering from serious disrepair that constitutes a statutory nuisance, we can:
- Assess your case
- Arrange an inspection in your property
- Serve 21 days’ notice on your landlord
- Commence proceedings in the Magistrates’ Court
- Offer a Conditional Fee Agreement (No Win – No Fee)
We do not act in claims against private landlords, nor do we assist with compensation claims or rehousing.
Start your Section 82 Housing disrepair claim.
Your health matters. Do not tolerate unsafe housing conditions any longer. We offer clear legal advice, expert representation, and a dedicated team that understands the stress of living in uninhabitable housing.
Contact us on:
Telephone: 0121 643 4121
Email: info@mcgrath.co.uk
A statutory nuisance is a condition that is harmful or prejudicial to your health. Which includes damp, mould, infestations, sewage leaks.
Under UK law, statutory nuisances include
- Damp and mould growth
- Rodent or insect infestations
- Faulty gas or electrical systems
- Fumes or gases causing odour or health issues
- Leaks from broken pipes or walls or ceilings
- Drainage or sewage issues
- Any condition injurious to health
- Contact us to discuss your problem.
- We arrange a survey of your property.
- 21-day legal notice is served to your landlord.
- If unresolved, we file a summons in the Magistrates’ Court.
- We handle your case on a No Win – No Fee basis (commonly referred as CFA)
- Your landlord is given 21 days to complete repairs.
- If they fail, the court can authorise a Nuisance Order which compels the landlord to fix the disrepair.
- Failure to comply may result in a substantial fine.
- If successful, the court may order your legal costs to be paid by the landlord.
- Rehousing or transfer to a new accommodation
- Cases involving private landlords
No. We act under a Conditional Fee Agreement (CFA), also known as No Win – No Fee. If successful, your landlord will be ordered to cover the legal costs.
No. If the court finds in your favour under Section 82, your landlord cannot charge you for the required repairs.
It’s not legally required, but working with an experienced Solicitor significantly increases your chances of success and helps you navigate the process efficiently.
Our expert solicitors are ready to help
GT Stewart has established itself as a leading firm in the UK for criminal, housing, mental health and family law, specialising in private cases and also Legal Aid work.
We pride ourselves on regular referrals from other firms and agencies
We are known for our tenacity when representing those engaged in challenging the State or defending themselves against a prosecution.
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We provide legal advice throughout the UK. Click on the office links below to learn more about your local team of solicitors and how they can support you.
