The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’
Judges:
Lord Justice Peter Gibson, Sir Christopher Staughton
Citations:
[2000] EWCA Civ 357, (2001) EGCS 4, (2001) LGR 228, [2001] 33 HLR 56
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Lippiatt and Febry v South Gloucestershire County Council CA 31-Mar-1999
The defendant had failed to remove travellers who had encamped on its land and caused nuisances against neighbouring farmers.
Held: The court refused to strike out a claim in nuisance by neighbouring land owners. It was arguable that a land . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Cited – Rich v Basterfield 5-Feb-1846
A landlord can be liable in nuisance for the acts of his tenant where the very nature of the letting would lead to that nuisance: ‘If a landlord lets premises, not in themselves a nuisance, but which may or may not be used by the tenant so as to . .
Cited – Ayers v Hanson, Stanley and Prince 1912
. .
Cited – Sedleigh-Denfield v O’Callaghan HL 24-Jun-1940
Occupier Responsible for Nuisance in adopting it
A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the . .
Cited – Smith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
Cited – Elizabeth v Rochester City Council CA 26-Apr-1993
. .
Cited – Hussain and Another v Lancaster City Council CA 14-May-1998
It was suggested that a landlord, or at least a local authority landlord, who knows or ought to know of a nuisance being committed in the neighbourhood of the demised premises, but who fails to take such steps as are reasonable in all the . .
Cited – Dennett v Atherton 1872
The covenant for quiet enjoyment cannot be elevated into a warranty that the land is fit to be used for some special purpose. . .
Cited – Sanderson v Berwick-upon-Tweed Corporation 1884
The Corporation let a farm to Sanderson. It reserved in favour of Cairns, another tenant farmer, the rights to use a drain across one of Sanderson’s fields and to enter and repair it. Water discharged by Cairns leaked through the drain and flooded . .
Cited – Kenny v Preen 15-Oct-1962
A landlord’s threats to evict the tenant, accompanied by repeated shouting and knocking on her door, was held to be a breach of his covenant for quiet enjoyment. The court explained that ‘the word ‘enjoy’ used in this connection is a translation of . .
Cited – McNerny v London Borough of Lambeth CA 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Lists of cited by and citing cases may be incomplete.
Housing, Local Government, Nuisance
Updated: 31 May 2022; Ref: scu.147390