Section 82 Housing Disrepair
Environmental health expert witness reports provided to tenants, landlords and solicitors
What is a statutory nuisance?
A statutory nuisance is something that is harmful to your health or is a nuisance. There are various types of statutory nuisances listed in Section 79 of the Environmental Protection Act 1990. Our environmental practitioners are specialists in investigating and determining if a premises is prejudicial to health due to complaints of damp and mould or rodents.
An Environmental Protection Act 1990 (EPA) prosecution provides tenants suffering from the effects of poor housing conditions an opportunity to resolve the issue and abate the nuisance. The EPA makes provision for the control of premises which are considered to be prejudicial to health or a nuisance. These provisions apply to council and housing association tenancies as well as private tenancies.
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Legal proceedings for a statutory nuisance brought under Section 82 of the EPA are private criminal proceedings and the case is tried in a Magistrates Court.
What does prejudicial to your health mean?
Prejudicial to health is defined as 'injurious, or likely to cause injury, to health'. This means that both actual and potential injury to health is covered by the EPA 1990. It includes both physical and mental ill health, for example the effects of stress caused by poor housing conditions.
Environmental health expert witness
We can act as an environmental health expert witness and undertake statutory nuisance assessments for Section 82 housing disrepair claims. We are able to determine the existence or likely existence of a statutory nuisance. We are able to offer expert witness reports in statutory nuisance claims at the magistrates' court. Our reports are compliant with Part 19 of the Criminal Procedure Rules and are well structured with the opinion of the expert made abundantly clear. Our advice and input should be requested as early as possible to ensure whether it is worth pursuing a case.
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Our surveyors are environmental health experts due to their academic studies and practice, they are well placed to give an expert opinion on whether a premises is prejudicial to health. As environmental health practitioners we are able to link the defects of a dwelling to public health which normal surveyors from a non-environmental health background may struggle to do. This view is endorsed by the Chartered Institute of Environmental Health.
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