The plaintiff was a professor of singing who had taken a lease of the second floor of a building for the purpose of carrying on his profession on the demised premises. After he had gone into possession and begun to give singing lessons, the landlord (who knew of his use of the premises) granted a lease of the first floor of the building to a different tenant and authorised him, under the terms of his lease, to execute various structural alterations. The effect of the works was to make it impossible for the plaintiff to carry on his profession for a period of three months.
Held: There is vicarious liability for independent contractors in cases of nuisance, particularly where no steps are taken to avoid the nuisance.
Slesser J approved the statement: ‘the law will never adjudge that a lessor covenants against the wrongful acts of strangers, except his covenant is expressed to that purpose; for the law itself does defend every man against wrong, and therefore though one warrants land to another expressly, yet he does not defend against tortious entries.’ (Williams’ Notes to Saunders’ Reports, Vol 2 at page 525)
Slesser and Romer LJJ and Finlay J
[1936] 2 All ER 633
England and Wales
Citing:
Appeal from – Matania v National Provincial Bank Ltd ChD 1935
The plaintiff, a professor of singing, took a lease of one second floor of a building to carrying on his profession on the demised premises. After taking possession he began giving singing lessons. The landlord then, knowing of his use of the . .
Cited by:
Cited – Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others ChD 25-Jan-2008
The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land.
Held: The injunction should be granted. . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Landlord and Tenant
Updated: 22 January 2022; Ref: scu.266302