This case could have real implications for landlords so is one to watch carefully.
The tenant claims to have been suffering from nuisance on a paved area just outside their reception room for nearly four years (as well as nuisance from the communal areas). They issued proceedings against their landlord for failing to take reasonable steps to stop the nuisance.
The landlord applied to strike out the claim on the grounds that it had no reasonable grounds and/or no real prospect of success. They failed in their initial application and appealed that decision.
The Judge dismissed the appeal and ruled that the claim should be allowed to proceed. The fact that the nuisance occurred on land in the possession of the landlord was paramount in this case – had it been nuisance from a flat let to a tenant, the appeal would have been allowed and the claim struck out.
We now have to wait and see whether the Court will uphold the tenant’s application. If they do, landlords will need to take extra special care to determine exactly where incidents of anti-social behaviour are happening when they take statements from complainants.
The information provided above is not intended to be a substitute for legal advice.
If you would like to discuss any of the issues raised by this case, please contact Angela Macready
