Real Estate - Tip of the Week - The cost of noise pollution

Published 25 February 2019

The recent case of Fouladi v Darout Ltd and others considered whether a landlord can be liable to one tenant for noise nuisance caused by another of its tenants.

The tenant of the flat above had carried out works to the floor which resulted in noise disturbance to the claimant in the flat below. The claimant brought nuisance proceedings against the tenant and occupiers of the flat above, but also brought a claim against the landlord for a breach of the covenant for quiet enjoyment in the claimant's lease.

It is well established law that a landlord isn't liable for a nuisance caused to one tenant by another tenant just because it hasn't stopped the nuisance. However, a landlord can be liable if it has participated in or authorised the nuisance. The claimant argued that the landlord had authorised the nuisance by giving consent for the carrying out of renovation works. The licence did not include permission for the works to the floor (even though consent was required under the terms of the lease) and so the claim against the landlord was dismissed. Although the landlord could have taken steps to prevent the unauthorised works from being carried out, not doing so didn't make the landlord liable for the nuisance that resulted.

Landlords need to take care not to expose themselves to liability by entering into a letting, or giving consent for something, if nuisance is an inevitable, or nearly certain, consequence.