Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) (15 July 2010)

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) (15 July 2010)

A landlord/occupier may be liable in nuisance for failing to take reasonable steps to abate anti-social behaviour by trespassers on land it owns and occupies, where it has knowledge of the nuisance and the means to prevent it; the claim is not precluded by existing case law and should proceed to trial on its facts.

Citation
[2010] EWHC 1793
Parties
Appellant/defendant: Octavia Hill Housing Trust; Respondent/claimant: Terri Brumby
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Civil Appeal / Appeal From Order Refusing Strike Out/summary Judgment
Outcome
Appeal dismissed
Legal Topics
Nuisance, Landlord Liability for Nuisance, Trespassers, Quiet Enjoyment
Tort Landlord and Tenant Nuisance Landlord Liability for Nuisance Trespassers Quiet Enjoyment

Case Brief

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Parties

Octavia Hill Housing Trust

Appellant/defendant

Terri Brumby

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Order Refusing Strike Out/summary Judgment

Legal Issues

  1. 1 Whether a landlord/occupier is liable in nuisance for failing to abate anti-social behaviour by trespassers on land it owns and occupies
  2. 2 Whether mere inaction by the landlord/occupier can amount to 'continuing or adopting' a nuisance

Ratio Decidendi

A landlord/occupier may be liable in nuisance for failing to take reasonable steps to abate anti-social behaviour by trespassers on land it owns and occupies, where it has knowledge of the nuisance and the means to prevent it; the claim is not precluded by existing case law and should proceed to trial on its facts.

Court Disposition

Appeal dismissed

Orders

  • Claim to proceed to trial
  • Respondent awarded costs on the standard basis