Fouladi v Darout Ltd & Ors [2018] EWHC 3501 (Ch) (19 December 2018)

Fouladi v Darout Ltd & Ors [2018] EWHC 3501 (Ch) (19 December 2018)

The trial judge's findings that the First Defendant breached the lease by unauthorised works to the floor, resulting in excessive noise transmission and actionable nuisance to the Claimant, were supported by the evidence and correct in law. The landlord was not liable for nuisance or breach of quiet enjoyment. The appeal by the First to Third Defendants failed on all substantive grounds; the Claimant's appeal against the landlord also failed.

Citation
[2018] EWHC 3501 (Ch)
Parties
Claimant/respondent (ch 2018 000135); Claimant/appellant (ch 2018 001136): Sarvenaz Fouladi; First Defendant/appellant (ch 2018 000135): Darout Limited; Second Defendant/appellant (ch 2018 000135): Ahmed El Kerrami; Third Defendant/appellant (ch 2018 000135): Sarah El Kerrami; Fourth Defendant (ch 2018 000135); Defendant/respondent (ch 2018 001136): St Mary Abbots Court Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Appeal / Judgment on Appeal From County Court at Central London, Order Dated 3 May 2018
Outcome
Appeals dismissed (both by First to Third Defendants and by Claimant against Fourth Defendant)
Legal Topics
Nuisance, Breach of Lease, Quiet Enjoyment, Damages, Noise Disturbance, Enforcement of Covenants
Property Law Landlord and Tenant Tort Law Contract Law Nuisance Breach of Lease Quiet Enjoyment Damages +2 more

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Parties

Sarvenaz Fouladi

Claimant/respondent (ch 2018 000135); Claimant/appellant (ch 2018 001136)

Darout Limited

First Defendant/appellant (ch 2018 000135)

Ahmed El Kerrami

Second Defendant/appellant (ch 2018 000135)

Sarah El Kerrami

Third Defendant/appellant (ch 2018 000135)

St Mary Abbots Court Limited

Fourth Defendant (ch 2018 000135); Defendant/respondent (ch 2018 001136)

Procedural Posture

Appeal / Judgment on Appeal From County Court at Central London, Order Dated 3 May 2018

Legal Issues

  1. 1 Whether the First Defendant breached the lease by unauthorised works to the floor of Flat 66
  2. 2 Whether the works caused actionable nuisance to the Claimant in Flat 62
  3. 3 Whether the Fourth Defendant (landlord) was liable for nuisance or breach of quiet enjoyment

Ratio Decidendi

The trial judge's findings that the First Defendant breached the lease by unauthorised works to the floor, resulting in excessive noise transmission and actionable nuisance to the Claimant, were supported by the evidence and correct in law. The landlord was not liable for nuisance or breach of quiet enjoyment. The appeal by the First to Third Defendants failed on all substantive grounds; the Claimant's appeal against the landlord also failed.

Court Disposition

Appeals dismissed (both by First to Third Defendants and by Claimant against Fourth Defendant)

Orders

  • Order of County Court at Central London dated 3 May 2018 upheld, save for costs and stay issues to be determined separately
  • Damages and remedial works against First to Third Defendants for nuisance and breach of lease confirmed