IS YOUR LANDLORD OR NEIGHBOUR MAKING A NUISANCE OF THEMSELVES?
Are you having problems with a landlord or a neighbour because of premises :-
1. That are in such a state as to be prejudicial to health or a nuisance
2. where Smoke emits so as to be prejudicial to health or a nuisance
3. Where insects emanate from yours or a neighbour's premises so as to be prejudicial to health or a nuisance
Are you having problems with a landlord or a neighbour because of premises :-
1. That are in such a state as to be prejudicial to health or a nuisance
2. where Smoke emits so as to be prejudicial to health or a nuisance
3. Where insects emanate from yours or a neighbour's premises so as to be prejudicial to health or a nuisance
4. Where Noise emits from premises so as to be prejudicial to health or a nuisance
5. Where any animal is kept in such a place or manner as to be to be prejudicial to health or a nuisance
6. Where an accumulation or deposit occurs so as to be prejudicial to health or a nuisance.
7. Where Fumes or gases emit from premises so as to be prejudicial to health or a nuisance
If any of the above apply then your landlord or neighbour could be be committing a statutory nuisance under Section 79 of the Enviromental Protection Act 1990 and you can take action under section 82 of the Environmental Protection Act 1990, if you can prove that one of the above matters is taking place and is affecting your health or causing a disturbance to you or your property.
To be a statutory nuisance the act must occur regularly and continue for a period of time that makes it unreasonable.
You must show that you have attempted to resolve the problem. To do this you should write to the person concerned and tell them that you believe they are causing a nuisance. You should tell them in the letter that if they do not do something to stop or reduce the nuisance themselves, then you will be considering taking a private action under Section 82 of the Environmental Protection Act 1990. If you intend to obtain video evidence you must inform them of this in your letter.
You need to keep a diary of the times and dates that the nuisance occurs.
Keep copies of all correspondence sent or received regarding your issue.
If the person causing the problem chooses to ignore your letter and continues with their action then you should write again and inform them that you will be applying to the Magistrates Court for proceedings to be taken. You must give them at least 3 days notice of your intention to do this.
If the problem continues then take all your evidence and contact the Justices Clerk at your local Magistrates Court. You will be required to visit the Court in person with your evidence and explain that you want a Summons served under Section 82 of the Environmental Protection Act 1990. The Justices Clerk will then assist you in progressing with your application.
FOR INFORMATION PURPOSES ONLY
5. Where any animal is kept in such a place or manner as to be to be prejudicial to health or a nuisance
6. Where an accumulation or deposit occurs so as to be prejudicial to health or a nuisance.
7. Where Fumes or gases emit from premises so as to be prejudicial to health or a nuisance
If any of the above apply then your landlord or neighbour could be be committing a statutory nuisance under Section 79 of the Enviromental Protection Act 1990 and you can take action under section 82 of the Environmental Protection Act 1990, if you can prove that one of the above matters is taking place and is affecting your health or causing a disturbance to you or your property.
To be a statutory nuisance the act must occur regularly and continue for a period of time that makes it unreasonable.
You must show that you have attempted to resolve the problem. To do this you should write to the person concerned and tell them that you believe they are causing a nuisance. You should tell them in the letter that if they do not do something to stop or reduce the nuisance themselves, then you will be considering taking a private action under Section 82 of the Environmental Protection Act 1990. If you intend to obtain video evidence you must inform them of this in your letter.
You need to keep a diary of the times and dates that the nuisance occurs.
Keep copies of all correspondence sent or received regarding your issue.
If the person causing the problem chooses to ignore your letter and continues with their action then you should write again and inform them that you will be applying to the Magistrates Court for proceedings to be taken. You must give them at least 3 days notice of your intention to do this.
If the problem continues then take all your evidence and contact the Justices Clerk at your local Magistrates Court. You will be required to visit the Court in person with your evidence and explain that you want a Summons served under Section 82 of the Environmental Protection Act 1990. The Justices Clerk will then assist you in progressing with your application.
FOR INFORMATION PURPOSES ONLY
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