Noise Nuisance

A recent High Court decision in the case of Fouladi v Darout Limited {2018] EWHC 3501 has confirmed the previous legal position that a landlord (freeholder) is not liable for nuisance caused by its tenant merely because the landlord did not take steps available to him to prevent what was causing the nuisance, even when the landlord knows that its tenant is causing a nuisance.

The court held though that the Claimant had suffered noise nuisance in her flat (flat 62) from the occupiers of flat 66 above her flat and she was therefore successful with her claim against the tenants of flat 66.

There are certain circumstances in which a landlord can be liable for noise nuisance caused by its tenants. Most leases have a covenant for quiet enjoyment and this can be relied upon in some noise nuisance cases. If the landlord participates and/or authorizes the nuisance then he will be liable.

In the recent case referred to above the landlord had failed to address the fact that the occupiers of the flat above the Claimant were carrying out work that they should have obtained consent from the landlord to undertake. Even though the landlord knew the works were being carried out (without consent) he was not liable for the noise nuisance.

Noise nuisance claims are just one area of property litigation that this firm can advise, assist and represent you in relation to.