This Would Be Easier

If I didn't have to lay out the details of my case on the internet for the other side to read in advance. However using information that is already in the public domain what has happened today is that I've asked a Magistrate/Justice of the Peace to rule if number 50 constitutes a Statutory Nuisance as defined by the Environmental Protection Act. The relevant text is;

"79 Statutory nuisances and inspections therefor

(1) Subject to subsections (2) to (6) below, the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—

(a) any premises in such a state as to be prejudicial to health or a nuisance;

(b) smoke emitted from premises so as to be prejudicial to health or a nuisance;

(c) fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;

(d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;

(e) any accumulation or deposit which is prejudicial to health or a nuisance;

(f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

(g) noise emitted from premises so as to be prejudicial to health or a nuisance;

(h) any other matter declared by any enactment to be a statutory nuisance;"

Where subsections 2 and 6 relate to occupying armed forces and aircraft noise.

Have been given some clue that this was one of the legal options I may use CAYSH today sent in workmen to make sure that the property was up to the standards of ground A.This is the only part of the legislation that landlords and managing agents are even vaguely aware of. Unfortunately I was applying under grounds G and H. Ground H relates to anything that has been declared as a nuisance by any law on the British statute books.

That gives the Clerk of the Court* a hell of a lot of reading to catch up on. I suggest they start with the Criminal Justice Act 1994 because if I use that I'll get millions of extra points for style.

*The Clerk of the Court is a law graduate but not nessecerily a qualified lawyer. Their job is to advise the un-legally trained Magistrate on matters of law.