Landlord’s liability for tenant’s nuisance: UKSC clarifies the law in Lawrence v Fen Tigers (No. 2)
Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2015
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2603 https://ink.library.smu.edu.sg/context/sol_research/article/4561/viewcontent/landlord.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of rigorous judicial analysis and appears to be still lacking in clarity, precision and sophistication. The position prior to the UKSC decision in Lawrence and another v Fen Tigers Ltd and others (No. 2),1 (“Lawrence”) as discerned by the authors of Markesinis & Deakin’s Tort Law2 is that, generally, it is the tenant who is liable and that, as exceptions, the landlord is liable where, inter alia:3 |
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