You may be an aggrieved person
if you suffer from a statutory nuisance
as defined by section 79(1) of the Environmental Protection Act 1990 (EPA
In practice, common grounds of complaint may relate to excessive
noise; water penetration, dampness and serious disrepair. These
problems may fall within either/or section 79(1)(a), (g), and (ga)
as set out below.
Section 79(1) - (a) any premises in
such a state as to be prejudicial to health or a nuisance;
(g) noise emitted from premises so as to
be prejudicial to health or a nuisance;
(ga) noise that is prejudicial to
health or a nuisance and is emitted from or caused by a
vehicle, machinery or equipment in a street [or in Scotland, road]
You are aggrieved
by a statutory nuisance if it affects you. For example, you are a
tenant or resident (including a child) in a house which suffers from
serious water penetration in other words you are affected by
the problem. Being aggrieved creates title and
interest to sue the legal right to utilise the
provisions of the EPA 1990.
An aggrieved person affected by a statutory nuisance can service notice
upon the owner of the property or person responsible for creating
the nuisance. There is no prescribed form for this notice, however,
it must contain certain information to be valid. Contact Govan
Law Centre or your local law centre to obtain free help
on the how to serve a section 82 notice.
In general, a section 82 notice will normally give an owner of
property or person responsible for a statutory nuisance 21 days in
which to abate the nuisance
(remedy the problem with whatever measures may be necessary).
Where a section 82 notice is ignored, then after the expiry of time
period the aggrieved person has the right to raise sheriff
court proceedings. These must proceed by way of a summary
application at your local sheriff court.
If you are on a low or modest income you may be eligible for civil
legal aid, which would enable a law centre or local firm
of solicitors to raise an action on your behalf. Obtaining civil
legal aid also has important consequences with respect to court
expenses for example, if you were to be unsuccessful in your
action, it is generally possible to modify expenses against you to
nil (because you are in receipt of a civil legal aid certificate). Contact
your local law centre if you think you are aggrieved by a statutory nuisance.
Legal Aid Board has information on eligibility criteria for
civil legal aid and advice and assistance.