The council tenant plaintiff alleged a statutory nuisance against the council in the form of condensation, damp and mould in his flat. When it came to the hearing the damp had abated. The magistrates asked whether it was likely to recur. The council replied that they had offered to install heaters in the property which would deal with the problem, but the plantiff had refused saying that gas-central heating would be cheaper. They therefore said that responsibility for any recurrence would lie with the tenant. The tenant appealed saying that the defence allowed, that the council was ‘not the person whose act or default or sufferance gave rise to the nuisance or its continuance.
Held: The tenant’s appeal failed. A defendant can avoid liability for a nuisance by pointing out the genuine originator of the nuisance.
Judges:
McKinnon J
Citations:
Times 09-Mar-1995, (1996) 28 HLR 747
Statutes:
Environmental Protection Act 1990 82, Public Health Act 1936
Citing:
Cited – Warner v Lambeth London Borough Council QBD 26-Mar-1984
A complaint of statutory nuisance laid before the magistrates must contain even if in summary form, similar details as would appear in an abatement notice, including the capacity in which the defendant is served and the steps required to be taken to . .
Cited by:
Mentioned – Robb v Dundee City Council SCS 13-Feb-2002
. .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 19 May 2022; Ref: scu.78913