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Noise nuisance and the covenant for quiet enjoyment

United Kingdom
25/10/1999
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SOUTHWARK & ANOTHER -v- MILLS & OTHERS BAXTER -v- CAMDEN LBC

Last Thursday, 21st October 1999 the above cases saw the House of Lords uphold the decision of the Court of Appeal, to the relief of landlords, that a landlord is neither in breach of its covenant for quiet enjoyment, nor committing a common law nuisance, by letting a flat to a tenant with inadequate sound insulation.

Their Lordships made it clear that although they had sympathy with the appellants, Mrs Tanner (presumably nee Mills) and Miss Baxter and the circumstances in which they were forced to live, it was for Parliament and not the Courts to make up for the deficiencies of the law of landlord and tenant in this case. The House of Lords has now categorically confirmed that in the absence of express agreement or warranty to the contrary, a landlord is not responsible under common law for soundproofing its older housing stock.

Further details and a fuller commentary on these cases is available on LawNow and can be found under "Your latest information" entitled "Caveat Lessee - Noise Nuisance and the Covenant of Quiet Enjoyment".

If you require more information please call Caroline Day on 0171 367 2329 or contact her by e-mail [email protected].

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