Tag Archive for 'Nuisance'

Don’t be a newcomer

By J on 04/12/2011. 0 Comments

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

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

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. 27 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: , , .

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: , , .

Disrepair miscellany

By NL on 13/12/2009. 1 Comment

The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.

We’ve covered most of the cases here, but there are some others that are well worth a mention…

Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 for personal injury from a fall supposedly due to moss or slime on the front steps to the property. At first instance, presence of the moss was held not to be a breach of the landlord’s S.11 duties. The Claimant’s appeal to the Court of Appeal (or possibly the application for permission) … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy and Unlawful eviction and harassment. Tags: , , .

Webb v Wandsworth LBC – Take 2

By J on 29/08/2009. 0 Comments

We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what Sedley LJ was actually saying.

Ms Webb was (and, as far as I know, still is) the secure tenant of the London Borough of Wandsworth. One of her children had been engaging in serious anti-social behaviour in and around Ms Webb’s home. By the time of trial, he was no longer residing with Ms Webb … Read the full post

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

Here be dragons

By NL on 18/08/2009. 2 Comments

EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.

magsWandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by a branch of JD Sports (or was it…?)

The information laid in January 2008 stated:

On 30th July 2007, being the manager of JD Sports of 2-4 St Johns Road, SW11 and the producer of controlled waste, you failed in your duty to take all such measure applicable to you in that capacity as are

… Read the full post

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