The claim made by the respondents against the landlords for nuisance is rejected since the landlords did not endorse or engage in the nuisance.
For liability in a nuisance case, the landlords must either have permitted it through property rental or actively taken part in causing the nuisance.
The case discussed in this judgement follows the Supreme Court's decision in Coventry v Lawrence [2014] UKSC 13. The previous case found the occupiers of a stadium and a track liable for nuisance to the appellants who owned a residential bungalow nearby. The nuisance resulted from activities like speedway and motorcycle racing.
The current case involves not only the original defendants but also their landlords. The Supreme Court's decision reversed the Court of Appeal's ruling, holding the defendants liable for nuisance but not their landlords. At the time of the trial, the bungalow was unoccupied due to fire damage.
The judgement provided valuable guidance on the scope of landlord liability in nuisance cases and highlighted the need for a balanced approach to protect both the rights of tenants and the interests of affected neighbours.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
Tort Law | Nuisance Notes (70 pages) |