Tag Archive for 'Nuisance'

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What do you want me to do about it?

By J on 27/07/2009. 0 Comments

Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.

In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered the content of a noise abatement notice. The appellants had been convicted by the Magistrates’ Court for causing a  noise nuisance, contrary to s.79(1)(g), 1990 Act, by allowing their airfield to be used for Formula 1 car testing and other motor-vehicle events. They appealed, both to the Crown Court and then to the High … Read the full post

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

Request for info

By NL on 28/04/2009. 0 Comments

Garden Court’s bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant’s legal interest in land is by the by for a claim in nuisance, assuming that they are in possession of the land. Granted this is strongly suggested in Hunter v Canary Wharf, but unusual to see a judgment specifically on the topic.

It isn’t on Bailii or indeed Lawtel yet. I’d very much like to do a note on it (and it could also be very useful for me right … Read the full post

Posted in Housing law - All, Nuisance and Possession. Tags: , .

Bits from LAG and nuisance & Art 8

By NL on 06/04/2009. 12 Comments

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal case on nuisance and Art 8 infringement that we had somehow missed from January and which isn’t discussed at length in LAG.

Southwark LBC v Jackson and Jackson, Lambeth County Court 27 January 2009
Mr & Mrs Jackson were elderly joint secure tenants. Mr Jackson had died, leaving Mrs Jackson as sole tenant. … Read the full post

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

Duty to protect update 1

By NL on 28/05/2008. 0 Comments

Update on this case from Friday 24 May. No judgment available yet that I have seen, but there is a further new story on the Hounslow case at 24dash.com, which gives a few more details.

Specifically, the negligent failure found was that housing did not invoke emergency transfer processes, despite a) social services involvement with the family and b) complaints and warnings from neighbours about the youths’ presence and activities in the claimant’s home. It arose from a found lack of communication between social services and housing and lack of appreciation of the seriousness of the situation and failure to give priority in both departments, despite the evidence.

Damage … Read the full post

Posted in ASB, Community care, Housing law - All, Nuisance and secure-tenancy. Tags: , , , , , , , .

A duty to protect?

By NL on 24/05/2008. 3 Comments

A case is reported in the Guardian which apparently extends local authorities’ duty to protect tenants from third parties to include vulnerable adults, not only children.

A couple, both with learning difficulties, were terrorised in their flat by a group of youths over two days, during which they were assaulted and abused. Hounslow Council had failed to rehouse the couple, although the threat of attack ‘was foreseeable’.

At the High Court, Hounslow argued there was no duty of care, but Mr Justice Maddison held otherwise. The failure to rehouse was negligent. Damages of £100,000 were awarded. Hounslow were given permission to appeal.

I’m looking forward to seeing the judgment on … Read the full post

Posted in ASB, Community care, Housing law - All, Nuisance and secure-tenancy. Tags: , , , , , , , .

Hey, you asked 2

By NL on 13/04/2008. 0 Comments

More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice.

what does mandatory possession mean

It means that if the ground is successfully made out, the court has no option but to grant an outright possession order, no matter what the circumstances.

possible defences for a tenant of rent arrears the mandatory ground housing law

Presumably ground 8. There aren’t many defences. The list is:

  • technical defences (Notice not served or technically inadequate, claim doesn’t contain required details

    • … Read the full post

Posted in assured-tenancy, Disrepair, Housing law - All, Nuisance, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , , , , .

Not the usual bug infestation

By NL on 14/11/2007. 0 Comments

Hat tip to Cearta.ie for this extraordinary story from the Irish Times:

Landladies ordered to pay students €115,000 in damages
Simon Carswell 14 November 2007

Two Dublin landladies have been ordered to pay damages totalling more than €115,000 to 10 students who were tenants in their house after the Circuit Court found they had kept the students under secret electronic surveillance. …

The students became concerned in late 2004 that their conversations and activities were being monitored when the McKennas referred to details the students had discussed in private in the house. When they raised the issue with the McKennas, the students were evicted. … Judge Gerard Griffin yesterday found

… Read the full post

Posted in Assured Shorthold tenancy, Housing law - All, Nuisance and Unlawful eviction and harassment. Tags: , , , , , .
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