Archive for the 'Nuisance' Category

Page 2 of 5

Not fixing a hole where the rain gets in…

By NL on 18/07/2010. 0 Comments

Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777

Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial premises, but the principles and issues involved are equally applicable for residential properties.

Horridge (H) and Downshire House (D) occupied adjoining premises. H’s single storey building abutted D’s taller one such that H’s roof was supported but timber purlins set into the wall of D’s building. One of these purlins fell away from the wall, such that the roof subsided and pulled away from the wall, allowing water penetration into … Read the full post

Posted in FLW case note, Housing law - All and Nuisance. Tags: , , , , , .

Landlord liability for nuisance

By J on 16/07/2010. 35 Comments

The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we’ve discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in nuisance to proceed in Brumby v Octavia Hill Housing Trust [2010] EWHC 1793 (QB).

Private nuisance is, as you all know, a tort involving the unlawful interference with the enjoyment of land. A landlord is not usually liable for acts of nuisance by his tenants unless he has, for example, encouraged to approved of the nuisance behaviour: see Smith v Scott [1973] … Read the full post

Posted in ASB, FLW case note, Housing law - All and Nuisance. Tags: , , .

Ground 14A and Domestic Violence

By David Smith on 01/07/2010. 0 Comments

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750 (01 July 2010)

An interesting, although sad, case which raises issues of construction of Ground 14A of Schedule II of the Housing Act 1988.

H had an assured tenancy of the property from a property in Thornton Heath from MHT which began in 2003. He occupied the property with his wife and 4 children. From 2000 there had been problems in the relationship which had seen violent threats and behaviour by H towards his wife and children including incidents in which he had apparently attempted to strangle and kill his wife. In 2006 they separated and he left the property, his … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Nuisance and Possession. Tags: , , .

Measuring a measured duty

By NL on 17/06/2010. 0 Comments

Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681

This was the Court of Appeal hearing of an appeal by Rochdale MBC (the anor in this case) against the judgment of HHJ Grenfell in the Technology and Construction Court. The issue was the finding that Rochdale had a measure duty of care to the Claimants and had been in breach of that duty.

The facts and history of the case are not straightforward, but the relevant facts are that Rochdale owned an area of land, which were playing fields. It sold part of the land to Barrett for development as a housing estate and retained the … Read the full post

Posted in FLW case note, Housing law - All and Nuisance. Tags: , , .

No room for ravers

By chief on 01/06/2010. 0 Comments

Oluić v Croatia (application no. 61260/08) is a decision of the First Section of the European Court of Human Rights demonstrating, if further evidence were needed, that Croatia, housing and article 8 just don’t get along all that well.

Mrs Oluić complained that noise from a bar operating in a part of the house that she inhabited breached her rights under Article 8 and Article 1 of the First Protocol of the Convention. She also said that article 2 had been breached as her life had been made unbearable and that article 6 had been breached as she was denied access to a court. The ECtHR wasted no time in … Read the full post

Posted in FLW case note, Housing law - All and Nuisance. Tags: , , , .

Trigger happy?

By Dave on 11/02/2010. 0 Comments

In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon’s decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of a gateway (b) defence in the higher courts (after Doherty itself and McGlynn).  There are one or two important points discussed; in particular, the CA took the Taylor approach to possession proceedings as opposed to that advocated in Doran, but more of that below.

First, the facts: Mr Barber suffers from learning difficulties and a personality disorder of a permanent nature.  he was provided accommodation by Croydon under … Read the full post

Posted in ASB, FLW case note, Nuisance and Possession.

It's a confused world out there…

By NL on 04/01/2010. 11 Comments

And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute bewilderment at what was behind the question…

It is with the latter that we begin
tolata mother and daughter inheritance tax and succession with a will
Just how much can you stuff into one short question? And without giving us any idea what is actually going on?

rehousing on asthma grounds lambeth
I’m resisting the temptation to make the obvious joke about Asthma Grounds … Read the full post

Posted in Adverse possession, Allocation, ASB, assured-tenancy, Disrepair, Housing law - All, Leasehold and shared ownership, Nuisance, Possession, secure-tenancy, Tolerated trespasser, Trusts and Estoppel and Various (non-housing). Tags: .
row of sheds footer image
5 pages