A property in a poor state of repair may cause problems to its neighbours, this could be deemed to be a statutory nuisance. We can investigate and help to rectify certain statutory nuisances in private sector housing.
When considering if something is a statutory nuisance or not we apply standards set out by legal precedent. Some things that may feel like an annoyance or a nuisance may not be in the eyes of the law.
Usually for a nuisance to exist it would:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- injure health or be likely to do so
Private Housing Standards will investigate allegations relating to the physical condition of premises.
Reporting statutory nuisances
The initial approach to solving statutory nuisances should be discussions between the interested parties. Where no resolution can be found, or where it is not appropriate to do this we should be contacted.
You can report statutory nuisances via the contact section on this page. We will need the address of the property causing the perceived nuisance and details of the concerns.
You will not be identified as the complainant however the nature of the complaint will likely lead to conclusions as to its source.
Investigation of statutory nuisances
We will take steps to investigate a complaint of a nuisance listed in the Environmental Protection Act 1990. We can act where we are satisfied that a statutory nuisance exists and can be proved to the criminal threshold of proof.
We must be able to witness and experience the nuisance that you are complaining about.
Where a nuisance exists, is likely to occur or recur, we will serve an abatement notice which outlines the requirements to abate the problem.
Causing a statutory nuisance is not an offence. However, not complying with an abatement notice, without reasonable excuse, is a criminal offence. A person who commits that offence can be prosecuted in the magistrates court and fined.
We can take action to stop or restrict the nuisance by other means. We can carry out works and make the person given the notice pay for them. If you have made a complaint concerning a nuisance, you must be prepared to attend court.