Nuisance

Citation

(1999), "Nuisance", Property Management, Vol. 17 No. 2. https://doi.org/10.1108/pm.1999.11317bab.002

Nuisance

Nuisance

Baxter v. Camden London Borough Council [1998] EGCS 157

In this case a secure tenant sued the local authority from whom she rented her flat for nuisance caused by normal household noises from the flats above and below her in the building.

In 1975 the Council had converted a Victorian end-of-terrace house into three one-bedroom flats. At that time there was no statutory requirement in London to provide sound insulation and the only sound barrier between the flats was plasterboard ceilings and wooden floors in poor condition. The tenancy was on the council’s standard terms which required them to keep the structure and premises in repair but which did not contain any obligation to carry out internal repairs or improvements.

The tenant’s claim for damages was rejected by both the County Court and the Court of Appeal. The Court of Appeal held that only unreasonable or unusual use of the premises would give rise to a nuisance having regard to the purpose for which the premises were constructed, and that this purpose had not changed with the conversion which was carried out according to buildings standards at that time. Nothing had been done which made the ordinary use of the house a nuisance. It followed therefore that the noise complained of by the plaintiff did not give rise to any liability in nuisance.

The Court of Appeal added that in any event even if there had been a nuisance the local authority as landlord was immune from action by virtue of the principle in Cavalier v. Pope (1906) AC 428 and Cheater v. Carter [1958] l KB 247, where a landlord lets an unfurnished house or flat there is no implied covenant that it is fit for habitation.