The defendant had been tenant of one of the plaintiffs’ flats but had assigned his lease. The assignee disappeared and the tenant, who as original lessee remained liable for the rent, went back into possession. In response to an action for rent, he counterclaimed for nuisance constituted by the noise from a motor on the plaintiffs’ premises which operated the central heating system. The court would have awarded the defendant andpound;21 damages but dismissed the counterclaim because he had no title.
Judges:
Goddard LJ
Citations:
[1939] 2 All ER 202
Jurisdiction:
England and Wales
Citing:
Applied – Malone v Laskey CA 1907
A company’s manager resided in a house as its licensee. His wife was injured when a bracket fell from a wall in the house. She claimed damages from the defendants in nuisance and negligence. The claim in nuisance alleged that the fall of the bracket . .
Cited by:
Doubted – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 25 November 2022; Ref: scu.195597