Section 82 Environmental Protection Act 1990 – Housing Disrepair Claims
Section 82
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.
Expert Section 82 Solicitors
At GT Stewart, our expert Section 82 Solicitors advise tenants on bringing proceedings under Section 82 of the Environmental Protection Act 1990 where housing conditions amount to a statutory nuisance. This legal route allows tenants to seek enforcement action when serious defects in their home are prejudicial to health or amount to a nuisance.
We act in matters involving local authorities and registered providers of social housing. Our team provides clear, focused advice on the statutory test, notice requirements, and the court process involved in pursuing a Section 82 application.
Experienced Section 82 Lawyers
Our experienced Section 82 Lawyers understand the procedural and evidential requirements involved in statutory nuisance proceedings. We carefully assess whether the legal threshold is met and ensure that all statutory notice requirements are properly complied with before any application is made.
We provide practical, straightforward advice throughout the process, ensuring clients understand each stage of the proceedings and what outcomes Section 82 can achieve.
Section 82
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 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.
We understand that Section 82 proceedings can seem complex, particularly as they involve specific statutory requirements and procedural steps. Below, we answer some of the most frequently asked questions about statutory nuisance claims, including what Section 82 covers, how proceedings are started, and what you can expect from the court process.
These FAQs are intended to provide general guidance on Section 82 of the Environmental Protection Act 1990 and to clarify the scope of this legal process. If you are unsure whether your situation meets the legal threshold, our specialist team can advise you on your individual circumstances.
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)
- Rehousing or transfer to a new accommodation
- Cases involving private landlords / housing associations
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.
It's not legally required, but working with an experienced Solicitor significantly increases your chances of success and helps you navigate the process efficiently.
Why choose GT Stewart?
Our Section 82 team has extensive experience advising tenants on statutory nuisance proceedings against local authorities and registered providers of social housing. We understand the technical and procedural requirements involved and provide clear advice about whether this legal route is appropriate in your circumstances.
We take a focused approach to every case, ensuring that statutory notice requirements are properly complied with and that applications are prepared thoroughly and accurately. Our aim is to help clients address serious housing conditions through the correct statutory framework, while providing straightforward guidance at every stage.
Our Expert Lawyers are ready to Help
GT Stewart has established itself as a leading firm in the UK, specialising in both private cases and also Legal Aid work.
Meet some of our Section 82 team
Speak to one of our Section 82 Solicitors
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