Tempest Tossed?

Posted on 24/10/2012 by Giles Peaker

Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?

LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber’s site which raises some interesting issues on the interpretation of Section 11(2)(b) of LTA 1985. This provides:

(2) The covenant implied by subsection (1) (“the lessor’s repairing covenant”) shall not be construed as requiring the lessor—
(a) [...]
(b) to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or
(c) [...]

Ms C was a secure tenant of H&F (whose … Read the full post

Not smelling of roses

Posted on 05/06/2012 by Giles Peaker

Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC)

This is very late as a post. My excuse is that the judgment runs to well over 200 pages, it is very complex and, frankly, other stuff happened. This has sat as a part finished draft for ages. But finally here it is.

This is the finale of a long running saga, involving the High Court and Court of Appeal. At issue was Thames Water’s liability for alleged odours and mosquito infestations affecting people living in properties near the Mogden Sewage Treatment Works in Middlesex. As this hearing involves issues of liability and quantum for negligence, … Read the full post

It never rains but it pours

Posted on 25/03/2012 by SJM

The ECHR has recently delivered its judgement in Kolyadenko v Russia , which (apart from demonstrating the reach of the ECHR jurisdiction to the remote corners of Asia) is a useful case applying principles we would recognise under the rule in Rylands v Fletcher.

The 6 applicants in this case are residents of Vladivostok, who brought proceedings against the Municipal Authority and the Water Company alleging responsibility for damage caused to their homes and belongings in a flood which occurred on 7th August 2001.

The flood started with the release of excess water from the nearby dam following a period of exceptionally heavy rainfall. This excess water travelled through … Read the full post

Pigeons in the flat alas*

Posted on 21/02/2012 by Giles Peaker

Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note]

S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that had an opening into the flat. It was not in dispute that the pigeons had poultry mites. Wandsworth sent pest control who removed the pigeons and disinfect the nest.

However poultry mites remained and moved into the flat for fresh hosts. They multiplied, so that S and her son could no longer remain in the flat as both were being bitten.

S claimed for damages on … Read the full post

Don’t be a newcomer

Posted on 04/12/2011 by J

One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all:

In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground, where they have played these last seventy years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good club-house for
… Read the full post

Shaken and Stirred

Posted on 16/10/2011 by Giles Peaker

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804

We missed this one when it came out in July 2011. Not sure why – sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an adjoining property. The appeal is worth looking at on issues of quantification of damages for trespass and the foreseeability of personal injury.

Jones and Lovegrove owned a 3 storey terrace at 105 Lower Thrift Street. Mr & Mrs Ruth owned 103 and 101 Lower Thrift Street, both originally two storey terraces. Between 2002 and 2007, the Rs gutted and rebuilt … Read the full post

Wandsworth: headed for the naughty step?

Posted on 15/08/2011 by Giles Peaker

As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth’s behaviour that should be pointed out, but it also turns out that all might not be as it seems, leaving some questions for Wandsworth to answer.

Sadly, I’m going to have to link to some sources (including the Daily Mail) that identify the Wandsworth tenant and her son, who is the alleged rioter. I’m not going to use their names because, at least at present, I see no reason to do and quite … Read the full post

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Category Archives: Nuisance