Tejani v Fitzroy Place Residential Ltd [2022] EWHC 2760 (TCC) (02 November 2022)

Tejani v Fitzroy Place Residential Ltd [2022] EWHC 2760 (TCC) (02 November 2022)

The noise from the apartment façade, as established by expert evidence, was intermittent, low-level, and not such as to materially interfere with the ordinary comfort of the average person living in the apartment. The noise was not sufficient to constitute an actionable private nuisance, nor did it amount to a breach of the landlord's covenant of quiet enjoyment. The claim for breach of contract failed as the developer had taken reasonable steps to procure remedial works and the claimant had not complied with notice requirements. No damages were awarded.

Citation
[2022] EWHC 2760 (TCC)
Parties
Claimant: Nazirali Sharif Tejani; First Defendant: Fitzroy Place Residential Limited; Second Defendant: 2-10 Mortimer Street GP Limited as a general partner of 2-10 Mortimer Street Limited Partnership
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Civil (tort/contract) / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Private Nuisance, Covenant of Quiet Enjoyment, Breach of Contract, Damages, Residential Lease
Tort Law Contract Law Property Law Private Nuisance Covenant of Quiet Enjoyment Breach of Contract Damages Residential Lease

Case Brief

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Parties

Nazirali Sharif Tejani

Claimant

Fitzroy Place Residential Limited

First Defendant

2-10 Mortimer Street GP Limited as a general partner of 2-10 Mortimer Street Limited Partnership

Second Defendant

Procedural Posture

Civil (tort/contract) / High Court Trial Judgment

Legal Issues

  1. 1 Whether noise from the apartment façade constitutes actionable private nuisance
  2. 2 Whether there is a breach of the landlord's covenant of quiet enjoyment
  3. 3 Whether there is a breach of contract under clause 5.6 of the Agreement

Ratio Decidendi

The noise from the apartment façade, as established by expert evidence, was intermittent, low-level, and not such as to materially interfere with the ordinary comfort of the average person living in the apartment. The noise was not sufficient to constitute an actionable private nuisance, nor did it amount to a breach of the landlord's covenant of quiet enjoyment. The claim for breach of contract failed as the developer had taken reasonable steps to procure remedial works and the claimant had not complied with notice requirements. No damages were awarded.

Court Disposition

Claim dismissed

Orders

  • Claim for private nuisance dismissed
  • Claim for breach of quiet enjoyment dismissed