Environmental Act

The Environmental Protection Act 1990 covers issues which may be considered ‘statutory nuisances’. A statutory nuisance is considered ‘any premises in such a state as to be prejudicial to health or a nuisance.

If a council receives a complaint regarding a statutory nuisance they must investigate and if they agree that a statutory nuisance is happening, has happened or likely to happen in the future, the council will serve an abatement notice to the landlord responsible. Therefore it is important that the landlord ensures that all nuisances are avoided and dealt with should they arise.

Statutory nuisances may include;

• High noise levels, examples including loud radios, machinery or parties
• Rubbish being dumped and attracting vermin and/or pests
• Toxic fumes being released from the property such as gas or smoke
• Noisy dogs or other types of animals or pets

A landlord has the right to take action against excessive or unreasonable noise or nuisance; this can be done by applying to the courts to evict the tenant. Evicting a tenant without a court order is a criminal offence.

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