“It seems to me clear that if a man permits an offensive thing on his premises to continue to offend, that is if he knows that it is operating offensively, is able to prevent it and omits to prevent it he is permitting the nuisance to continue in other words he is continuing it.” Brumby and the judgement of Mr Justice Mackay, quoting Lord Atkin in Sedleigh-Denfield v O’Callaghan : She looked particular at a case called Octavia Hill Housing v. This is where a landlord can be held to have ‘adopted’ a nuisance by failing to take reasonable steps to abate a nuisance caused by his tenant which he is aware, or ought to be aware of. It seems as if in some circumstances a landlord can be held liable in tort (for non lawyers, this is a type of claim in civil law where someone suffers a wrong and can make a claim even though there is no contract).
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Can noise and nuisance from tenants which landlords fail to control be considered in this context? Fletcher is about a landowner being held liable for damage done by something which ‘escapes’ from his land. Fletcher?Īs every law student will know, Rylands v. She was discussing the question of landlords liability for the acts of his tenants in the context of the old case of Rylands v. I heard a very interesting talk recently at a CLT Conference, by barrister Alison Meacher.
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So you can’t threaten action against your landlord, if his tenants are giving you grief. One human being cannot be held responsible for the actions of another human being, which is why your wife’s creditors cannot sue you for her debts. The bad news is that you cannot blame or claim against the landlord. In a way you are worse off than the tenant in my ‘problems with other tenants’ post, as it is much easier to move away if you are renting a room, than if you are living in your own home. You tell the landlord about the problems you are having, and he does absolutely nothing about it. What do you do if you find that the rented property next door to yours suddenly has the tenants from Hell living there? Loud parties every night, screaming and yelling at all hours, piles of empty bottles in the front garden, and your four year old is asking questions about the embarrassing sounds coming through his bedroom wall.
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The topic of this blog post is similar in many ways to the post I did on Monday about nightmare co-tenants (which has attracted some great comments by the way).