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Human rights

This content applies to England & Wales

How it may be possible to take action under the Human Rights Act 1998 in cases involving statutory nuisance.

Article 8 of the European Convention on Human Rights, which is incorporated in the Human Rights Act 1998, gives everyone the right to respect for private and family life. Local authorities are only able to infringe this right when it is in accordance with the law, necessary in a democratic society, or for the protection of others. An occupier who believes that her/his human rights have been or would be infringed by a public authority in the UK can bring a claim against that public authority in the domestic courts.

Several cases have raised the issue of nuisance in relation to human rights. In one case,[1] the court stated that interference by a local authority with an occupier's enjoyment of their property may be an infringement of their human rights. In another case,[2] the court refused to accept that the local authority could be held liable for the actions of a tenant who was causing nuisance to a neighbouring occupier.

[1] Pemberton v Southwark LBC [2000] CA.

[2] Mowan v Wandsworth LBC [2000] CA.

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