We acted on the behalf of a first-time landlord in a claim being brought by our client’s tenant. The claim was a private prosecution made pursuant to the Environmental Act in respect of a complaint for an order to abate or prohibit a statutory nuisance as defined by S.79(1)(a) if the Environmental Protection Act 1990.

It was the tenant’s position that the property was suffering from damp and mould which was prejudicial to their health, and that the poor physical state of the property amounted to a statutory nuisance which our client was responsible for.

Upon approaching us, our client’s position was that they would be undertaking necessary remedial works in the forthcoming weeks and sought to avoid the need to attend an upcoming court hearing on the basis of the same.

One of the challenges with this matter was the long period of time within which the tenant had been raising issues with the property and, as a first-time landlord, our client had not contemplated the importance of the same.

Upon our instruction, we were able to advise our client and provide pragmatic guidance as to the best route to take to achieve the desired outcome. As such, we successfully obtained a favourable settlement with the tenant on the behalf of our client, avoiding the need for our client to attend the magistrates court, and staying the matter pending the agreed actions being undertaken by all parties.