Statutory Nuisance Claim for Damp & Mould
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Leopoldine Mineo
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What is a statutory nuisance claim for damp?
A statutory nuisance claim for damp is a legal action under the Environmental Protection Act 1990 (EPA 1990), usually initiated by a tenant, when damp and mould are so severe that they affect the tenant’s health or make the property unsafe for habitation.
When is a statutory nuisance triggered?
When a property is in such condition that it is prejudicial to the tenant’s health or constitutes a nuisance that interferes with their enjoyment of the home, a statutory nuisance is triggered.
Who can bring a claim?
These claims are either:
- brought by tenants against their landlords in the Magistrates’ Court, or
- brought by local authorities.
How the Court considers the claim
The Court will consider the cause – specifically whether it arises from structural issues or the tenant’s lifestyle – the severity and duration of the problem, and any evidence, usually provided by experts such as surveyors or environmental health officers.
1. Private course of action: The Magistrates’ Court
The tenant gives written notice to the landlord of at least 21 days and applies to the Court directly, requesting that the work be carried out and compensation awarded.
2. The local authority route
The tenant reports the damp and mould to the Local Authority, which triggers an Environmental Health inspection. If the complaint is justified, the Authority issues an abatement notice, requiring the landlord to remedy the issue.
Definition of “owner” under the EPA 1990
It is important to note that the definition of ‘owner’ under the EPA 1990 has been interpreted to include anyone receiving the rack rent (Camden v Gunby). Therefore, even a leaseholder who is not responsible for structural repairs and who is not the leaseholder of the premises would be caught by this definition and would be treated as the owner under the section 82(4)(b) of the Act.
The successful tenant would obtain an order requiring the property to be repaired, compensation and in most cases, reimbursement of legal costs from the landlord.
Landlords should note that if the damp is caused by the tenant’s lifestyle, this may, to some extent, support their case.
Best practice for landlords
Landlords should:
- Act promptly and carry out inspections without delay, as a timely report can offer significant protection.
2. Acknowledge any complaint in writing
3. Show active engagement
4. Keep repairs records
5. Ensure their property is well kept
6. Conduct regular inspections
Landlords should consult a solicitor immediately upon receiving such notification.
How can we help?
If you’re facing persistent damp and mould issues and are unsure how to proceed, Osbornes Law offers specialist legal expertise in statutory nuisance claims under the Environmental Protection Act 1990. Our experienced housing solicitors can guide both tenants and landlords through every stage. Please contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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