Mowan v Wandsworth & Anor [2000] EWCA Civ 357 (21 December 2000)

Mowan v Wandsworth & Anor [2000] EWCA Civ 357 (21 December 2000)

A landlord is not liable in nuisance for the acts of a tenant unless the landlord has authorised the nuisance, either expressly or by letting in circumstances where nuisance is certain to result. Mere knowledge and failure to act do not suffice. There is no duty of care in negligence in these circumstances. The Human Rights Act 1998 and Article 8 ECHR do not require a remedy against the landlord where the law is settled and other remedies may exist.

Citation
[2000] EWCA Civ 357
Parties
Appellant/plaintiff: Mrs Mowan; First Defendant/respondent: London Borough of Wandsworth; Second Defendant: Miss Abrahart
Jurisdiction
England and Wales
Judgment Date
21 December 2000
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim at County Court
Outcome
appeal dismissed
Legal Topics
Nuisance, Landlord Liability, Negligence, Quiet Enjoyment, Human Rights Act 1998, Article 8 ECHR
Tort Law Landlord and Tenant Law Human Rights Law Nuisance Landlord Liability Negligence Quiet Enjoyment Human Rights Act 1998 +1 more

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Parties

Mrs Mowan

Appellant/plaintiff

London Borough of Wandsworth

First Defendant/respondent

Miss Abrahart

Second Defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim at County Court

Legal Issues

  1. 1 Is a landlord liable in nuisance for the acts of a tenant causing nuisance to another tenant?
  2. 2 Does the landlord owe a duty of care in negligence to protect a tenant from nuisance by another tenant?
  3. 3 Does the Human Rights Act 1998 or Article 8 ECHR require a remedy against the landlord in these circumstances?

Ratio Decidendi

A landlord is not liable in nuisance for the acts of a tenant unless the landlord has authorised the nuisance, either expressly or by letting in circumstances where nuisance is certain to result. Mere knowledge and failure to act do not suffice. There is no duty of care in negligence in these circumstances. The Human Rights Act 1998 and Article 8 ECHR do not require a remedy against the landlord where the law is settled and other remedies may exist.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Section II order against Legal Services Commission