NAZIRALI SHARIF TEJANI v FITZROY PLACE RESIDENTIAL LIMITED & Anor.

NAZIRALI SHARIF TEJANI v FITZROY PLACE RESIDENTIAL LIMITED & Anor.

The noise from the apartment façade is not such as to materially interfere with the ordinary comfort of the average person living in the apartment, nor is it sufficient to disturb sleep or constitute actionable nuisance. No breach of quiet enjoyment is established. The contractual claim fails due to lack of timely written notice and reasonable steps taken by the developer.

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 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Private Nuisance, Breach of Contract, Covenant of Quiet Enjoyment, Damages, Residential Property
Tort Contract Private Nuisance Breach of Contract Covenant of Quiet Enjoyment Damages Residential Property

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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 / Final Judgment

Legal Issues

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

Ratio Decidendi

The noise from the apartment façade is not such as to materially interfere with the ordinary comfort of the average person living in the apartment, nor is it sufficient to disturb sleep or constitute actionable nuisance. No breach of quiet enjoyment is established. The contractual claim fails due to lack of timely written notice and reasonable steps taken by the developer.

Court Disposition

Claim dismissed