Plaintiff sued their landlord, Defendant, for having failed to provide effective insulation against the day-to-day noises of their neighbours (whose noise was no more than ordinary and reasonable).
CA rejected their claims.
It held that that the ordinary and reasonable use of residential premises by its occupier was not in itself an actionable nuisance and therefore, where the noise was ordinary and reasonable (i.e. not a nuisance), a landlord couldn’t be liable for having authorised it.
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