A High Court judge has ruled that a tenant’s claim that her landlord had adopted acts of nuisance by another tenant should go to trial, it has been reported.
In Brumby v Octavia Hill Housing Trust, Ms Brumby alleged that visitors to the other tenant were to blame for nuisance in the common parts, which were retained by the landlord.
Ms Brumby argued that a failure by the housing trust to take steps to deal with the problem in a reasonable time – it was claimed that the behaviour had lasted for more than a decade – meant it had adopted the nuisance. She then sued for nuisance and breach of the covenant for quiet enjoyment.
According to housing law website Nearly Legal, the housing trust sought to have the claim struck out in the county court, succeeding in relation to the breach of covenant but not in relation to nuisance. It then appealed to the High Court.
Mackay J agreed with the judge at first instance that the question of whether Octavia Hill had adopted the nuisance was a question of fact that had to be determined at trial.
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