If you are a tenant living in a property with serious disrepair issues that your landlord has failed to address, you may have legal options under Section 82 of the Environmental Protection Act 1990. This legislation allows tenants to take legal action when their living conditions pose a threat to health and safety. In this article, we will explore what Section 82 is, how it applies to housing disrepair claims, and how you can claim compensation.
What is Section 82 of the Environmental Protection Act?
Section 82 of the Environmental Protection Act 1990 empowers individuals to take legal action against landlords, housing associations, or local councils if their property is in serious disrepair and causing harm to their health or wellbeing. This law is particularly useful when the responsible party refuses to act despite repeated complaints from the tenant.
A tenant can apply to the Magistrates’ Court for an order requiring their landlord to fix the problem. If the landlord fails to comply, they could face a fine, and the tenant may be awarded compensation for the distress and inconvenience caused.
Common Housing Disrepair Issues Covered Under Section 82
A housing disrepair claim under Section 82 can include issues such as:
- Damp and Mould Growth – Can lead to respiratory issues and exacerbate conditions like asthma.
- Structural Damage – Such as leaks, broken windows, or unsafe staircases.
- Pest Infestations – Rodents, cockroaches, or bedbugs can cause serious health risks.
- Heating and Plumbing Issues – No heating in winter or lack of hot water.
- Electrical Hazards – Exposed wiring or faulty sockets.
- Unsafe Gas Installations – Carbon monoxide leaks or faulty gas appliances.
If you are experiencing any of these conditions and your landlord refuses to take action, you may have a strong case under Section 82 of the Environmental Protection Act.
How to Make a Section 82 Housing Disrepair Claim
If your landlord has ignored your complaints about disrepair, you can take the following steps:
1. Gather Evidence
- Take clear photographs and videos of the disrepair.
- Keep records of all correspondence with your landlord.
- Obtain medical reports if the disrepair has impacted your health.
- Ask an environmental health officer from your local council to inspect the property.
2. Notify Your Landlord
Before applying to the Magistrates’ Court, you must give your landlord at least 21 days’ written notice detailing the disrepair and your intention to take legal action under Section 82.
3. Apply to the Magistrates’ Court
If the landlord does not act within the given time, you can file a claim in court. If successful, the court can order the landlord to:
- Fix the disrepair.
- Pay compensation for inconvenience and distress.
4. Seek Legal Assistance
Legal professionals specialising in housing disrepair claims can guide you through the process. National Claims can help put you in touch with experienced solicitors who will support your case and maximise your chances of success.
How Much Compensation Can You Claim?
The amount of compensation you can claim depends on several factors, including:
- The severity of the disrepair.
- The length of time you have suffered.
- The impact on your health.
- Any financial losses incurred, such as increased energy bills due to faulty heating.
On average, tenants can claim anywhere between £1,000 to £10,000, depending on the severity of the issue.
Why Choose National Claims for Your Housing Disrepair Case?
At National Claims, we understand how distressing it can be to live in poor housing conditions. That’s why we connect tenants with specialist solicitors who can fight for their rights and secure the compensation they deserve. We make the process simple and stress-free so you can focus on your wellbeing.
Frequently Asked Questions – Housing Disrepair Claims
Q1. How long does a Section 82 housing disrepair claim take?
A claim can take a few months to a year, depending on the complexity of the case and whether the landlord complies with the court’s order.
Q2. Do I need a solicitor to make a Section 82 claim?
While you can apply to the Magistrates’ Court yourself, having a solicitor increases your chances of success and ensures you receive the maximum compensation possible.
Q3. Can I claim if I am still living in the property?
Yes, you can file a claim while still residing in the property. The court may order the landlord to complete the necessary repairs while awarding compensation for any suffering you have endured.
Q4. What if my landlord threatens eviction?
Your landlord cannot legally evict you for exercising your rights under Section 82 of the Environmental Protection Act. If they attempt to do so, this could be considered illegal retaliatory eviction.
Q5. How much does it cost to make a claim?
Many solicitors offer no-win, no-fee agreements, meaning you only pay if your claim is successful.
Final Thoughts
If you are suffering from housing disrepair and your landlord refuses to act, you have the right to seek legal action under Section 82 of the Environmental Protection Act. With the help of National Claims, you can get the support of experienced solicitors who will fight for your rights and secure the compensation you deserve.
Don’t suffer in silence – take action today and claim what you’re owed!
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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