Taking your own private action

If you are experiencing a statutory nuisance (such as noise, smoke, or odour) and we cannot witness the problem or you prefer not to involve us, you have the right to take your own action through the Magistrates’ Court under section 82 of the Environmental Protection Act 1990.

Step 1: Keep a Detailed Record

Record dates, times, and duration of the nuisance.
Describe the nature of the problem and how it affects your use or enjoyment of your home.

Step 2: Try to Resolve Informally

Write to the person responsible (or the owner/occupier if unknown).
Explain that you believe a nuisance is being caused and request that it stops or is reduced.
State that you may take the matter to the Magistrates’ Court if it continues.
Date your letter and keep a copy for your records.

Step 3: Applying to the Magistrates’ Court

If the problem persists, you can apply directly to the Magistrates’ Court. The Court Clerk can explain the process:

You will need to provide evidence (your records) to show you have a case.
If the Magistrates agree, a summons will be issued to the person responsible.
Both parties will have the opportunity to present their case in court.

You do not need a solicitor, but you may choose to have one. The Court Clerk can offer advice and guidance if you represent yourself.

Step 4: Court Decision and Enforcement

If the Magistrates find in your favour, they will order the nuisance to be stopped and may specify measures to prevent it recurring.
Breaching a court order without reasonable excuse is an offence and may result in a fine.
Continue to keep records in case further action is needed.

Costs

If you win, the court will usually award you costs.

If your case is dismissed, you may have to pay your own costs and possibly those of the other party

Useful Contacts