Ealing Council rodent prosecution secures abatement order and £5,000 compensation
Our client, a tenant of Ealing Council, had been living with ongoing rodent activity in her home. Antony Hodari Solicitors brought proceedings on her behalf under section 82 of the Environmental Protection Act 1990. That is the route by which a tenant can ask the Magistrates' Court to deal with a statutory nuisance.
It was the third time she had needed to take formal action against the Council; she had previously brought housing disrepair claims about the same property. The Council served no witness evidence and no expert evidence before trial.
We prepared the case for a contested hearing and instructed Counsel. Our client was a vulnerable witness, so Counsel applied for special measures to help her give evidence.
On the morning of trial on 7 October 2026, the Council first contested the case and then pleaded guilty. The Court made an abatement order requiring the nuisance to be abated within 28 days, awarded our client £5,000 compensation and ordered the Council to pay her costs.
Case at a glance
What was happening at the property?
Our client was experiencing rodent activity in her Ealing Council home. The problem had not been resolved, and proceedings were brought under section 82 of the Environmental Protection Act 1990.
She had previously pursued housing disrepair claims against the Council about the same property. The section 82 proceedings were the third time she had needed to take formal action.
How did Ealing Council respond to the proceedings?
The case progressed towards a contested trial. The Council did not serve witness evidence or expert evidence.
On the morning of trial, the Council initially sought to contest the proceedings. It then pleaded guilty.
What did Antony Hodari Solicitors do?
We prepared the case for trial and instructed Emma Easterbrook of 5 Pump Court as Counsel.
Our client was a vulnerable witness. Court proceedings can be daunting, and giving evidence under questioning is harder still. Counsel applied for special measures before our client was due to give evidence.
The formality of a trial did not become a barrier to her taking part.
Our client was supported throughout by our housing team. Following the outcome, she thanked the team for the support she had received during the case.
What did the Court order?
The Court made an abatement order. Ealing Council must abate the nuisance within 28 days of the trial.
For our client, that was the most important part of the result. The aim was never simply financial; the order imposes a Court-backed requirement to deal with the underlying problem within a defined period.
The Court also made a compensation order of £5,000 in our client's favour and ordered the Council to pay her costs.
What is a section 82 Environmental Protection Act case?
Section 82 of the Environmental Protection Act 1990 allows a person aggrieved by a statutory nuisance to make a complaint to the Magistrates' Court.
Before doing so, the tenant must give the person responsible written notice of the intention to bring proceedings; 21 days in most cases, and three days for noise.
The Court must make an order if it is satisfied that the nuisance exists, or has been abated but is likely to recur. The order requires the nuisance to be abated, prohibits its recurrence, or both. The Court may also impose a fine and, because these are criminal proceedings, it can make a compensation order in the tenant's favour.
In this case, the Court made an abatement order against Ealing Council with 28 days to comply.
Can rodent activity amount to a statutory nuisance?
It can. Section 79(1)(a) of the Act covers premises in such a state as to be prejudicial to health or a nuisance.
Whether rodent activity meets that test depends on the property, the nature and extent of the problem and the evidence available. Where it does, section 82 proceedings may provide a route to Court-ordered action.
In this case, Ealing Council pleaded guilty to the complaint about rodent activity at our client's home.
Can a council tenant bring section 82 proceedings?
Yes, where the statutory requirements are met. Proceedings are brought against the person responsible for the nuisance; for a council tenant, that is usually the council as landlord.
Whether a case can be brought depends on the condition of the property, the notice given and the evidence.
In this case, our client's proceedings against Ealing Council resulted in a guilty plea, an abatement order, compensation and costs.
Can I get compensation in a section 82 case?
The Court can make a compensation order in criminal proceedings, and that includes section 82 cases. The amount depends on the facts, including how long the nuisance lasted and its effect on the household; no figure is typical.
In this case, the Court made a compensation order in our client's favour alongside the abatement order.
What happens if my landlord ignores the problem until trial?
A landlord that leaves the problem until trial does not escape the consequences.
Under section 82(12), where the nuisance existed when the complaint was made, the Court must order the landlord to pay the tenant's legal costs. That applies even if the nuisance has been abated by the time of the hearing. Each case turns on its own facts and evidence.
In this case, Ealing Council served no evidence, pleaded guilty on the morning of trial and was ordered to pay our client's costs.
Why are special measures important in Court proceedings?
Giving evidence can be difficult for anyone, and more so for a vulnerable witness. Where appropriate, the Court can allow special measures, such as a screen or giving evidence by live link, so that a witness can take part effectively.
A client's support needs should be considered as part of trial preparation, not treated as an afterthought.
In this case, Counsel secured special measures before our client was due to give evidence.
Related case studies
Are you experiencing a statutory nuisance in your home?
If you are a social housing tenant in England, serious housing conditions such as rodent activity, damp or mould may amount to a statutory nuisance. Antony Hodari Solicitors can assess whether legal action is available.
We act for social housing tenants across England. We consider both housing disrepair claims and, where appropriate, proceedings under section 82 of the Environmental Protection Act 1990. You can read more of our case studies to see how similar cases have concluded.
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