A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up‑to‑date with what interests you most.
Login here to access your saved articles and followed authors.
We have sent you an email so you can reset your password.
Sorry, we had a problem.
Tags related to this article
Download PDF Print page
Published 25 febrero 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.
Manchester
+44 (0)161 934 3174
By Stephanie Bagshaw, Rachael Reynolds, Victoria Armstrong
By Ioan Davies, Alison Martin, Alexia Dawson
By Andrew Morgan, Lauren Hicks
By Stephanie Bagshaw, Clare Hartley
By Charlotte Coyle
By Georgina Bailey
By Rachael Reynolds, Joe Bannister, Kevin Hawthorn
By Stephanie Bagshaw
By Alison Martin, Ioan Davies
By Greg Batchelor
By Andrew Morgan, Joe Whimpenny
By Sophia Costi
By Tim Ryan, Alexander Dimitrov
By Mereaira Jones
By Gwyneth Barton, Guy Knight
By John Dunlop
By Gemma Leonard
By Rosa-Maria Kane
