Council housing disrepair policy - 7. Risks to health

H&F is further bound by the Environmental Protection Act 1990. Section 82 of this legislation enables a tenant aggrieved by a Statutory Nuisance pursuant to Section 79(1) EPA 1990 if the disrepair is injurious to health and/or a nuisance, to bring proceedings in a Magistrates' Court against the responsible landlord, i.e. H&F.

This standard means that the disrepair has to be likely to cause injury; no injury has to have occurred for a successful claim to be brought against H&F. The risk to health does not only apply to the tenant - injury to anyone that might reasonably be on the property can give rise to a disrepair claim.

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