Citation
Lee, R. and Waterson, G. (2001), "Human Rights Act 1998: possible effect on the law of nuisance?", Property Management, Vol. 19 No. 1. https://doi.org/10.1108/pm.2001.11319aab.004
Publisher
:Emerald Group Publishing Limited
Copyright © 2001, MCB UP Limited
Human Rights Act 1998: possible effect on the law of nuisance?
Human Rights Act 1998: possible effect on the law of nuisance?
A further interesting development in the law of nuisance may arise from the Human Rights Act 1998 which came into force on 2 October 2000. In the case of Pemberton v. Southwark London Borough Council [2000] 21 EG 135, Property Management Legal Update 18(4) p. 274, the court held that Miss Pemberton, a "tolerated trespasser", was entitled to claim in nuisance against her local authority landlord in respect of an infestation of cockroaches in the flat in which she was living under a suspended possession order. Now Article 8 of the new Act protects a person's right to enjoy their home and is not concerned with damage to the value of the person's interest in the land. Thus even claimants lacking an "interest in the land", such as lodgers, family members, etc., may in future succeed. Other claims such as those of the plaintiffs in Hunter v. Canary Wharf London Docklands Development Corporation [1997] AC655 who complained of interference with television reception may in future also be successful on the basis of violation of Article 8 rights.