We all expect to be able to live in and enjoy our homes without undue interference. However sometimes the actions of other persons prevent this and where this happens it is commonly referred to as a nuisance.
The Environmental Protection Act 1990 specifies a number of nuisances, which are considered to be Statutory Nuisances. The purpose of this legislation is to provide a legal remedy to persons whose enjoyment of their property is being substantially affected by the actions of others. The Environmental Health Section deals with all Statutory Nuisances but the Private Sector Housing Team has the specific responsibility for dealing nuisance premises.
A property can be a Statutory Nuisance because it is either prejudicial to health or a nuisance.
An example of a property, which is prejudicial to health would be one where dampness is so severe it is affecting the health of the occupiers. The term prejudicial to health does not cover physical injury and therefore items such as steep stairs or dangerous electrics are excluded.
An example of a property which is a nuisance could be one where the roof tiles are loose and falling off into an adjacent garden so preventing the garden being used.
The law covering Statutory Nuisances is complex and there is a lot of case law, which covers what is and is not a Statutory Nuisance
If you are concerned that you are being affected by either the condition of your own or a neighbouring property, which may be a Statutory Nuisance please contact Private Sector housing.
Other Statutory Nuisances include noise, smoke, accumulations or deposits, dust and fumes. If you require more information on these please contact envhealth@dover.gov.uk
Contact Private Sector Housing
Telephone: 01304 872454
E-mail: privatesectorhousing@dover.gov.uk
