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 or occupier who has knowledge of a nuisance emanating from land they control, and fails to take reasonable steps to abate it, may be liable in nuisance even if the nuisance is created by trespassers. The claim is not excluded by existing case law and is sufficiently arguable to proceed to trial.

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

Appeal (civil) / Appeal Against 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 a landlord/occupier can amount to 'continuing or adopting' a nuisance

Ratio Decidendi

A landlord or occupier who has knowledge of a nuisance emanating from land they control, and fails to take reasonable steps to abate it, may be liable in nuisance even if the nuisance is created by trespassers. The claim is not excluded by existing case law and is sufficiently arguable to proceed to trial.

Court Disposition

Appeal dismissed

Orders

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