Who can be sued in private nuisance (owner) (Private Nuisance)- FS Flashcards
(9 cards)
Can a landlord be held liable for a private nuisance caused by their tenant?
Generally, no. A landlord is not liable for a nuisance created by a tenant unless the landlord created, or expressly or impliedly authorized, the nuisance.
Under what condition is a landlord said to have “authorized” a nuisance?
A landlord is considered to have authorized a nuisance where the nuisance was an inevitable consequence of the letting arrangement.
What is the principle behind landlord liability when leasing land for inherently noisy or disruptive activities?
If the nature of the lease makes it clear that nuisance (e.g. excessive noise) is foreseeable and unavoidable, the landlord is likely to be liable for having impliedly authorized the nuisance.
Why would leasing land for an activity like motor racing make a landlord liable for nuisance?
Because substantial noise is an expected and foreseeable result of the activity, the nuisance is an inevitable consequence of the landlord’s decision to let the land for that purpose.
What distinguishes landlord liability from occupier liability in private nuisance?
A landlord’s liability arises only if they create or authorize the nuisance, while an occupier may be liable for continuing, adopting, or failing to address nuisances (even those caused by others) in certain exceptions.
What must be proven for a landlord to be held liable under implied authorization?
It must be shown that the nuisance was a natural and inevitable consequence of the use of the premises as intended under the tenancy.
If a landlord leases property without taking steps to limit foreseeable nuisances, what might the court infer?
The court may infer that the landlord impliedly authorized the nuisance by allowing the premises to be used in a manner that makes nuisance unavoidable.
What legal principle applies when a landlord rents out land for inherently disruptive use near residential properties?
The landlord may be liable where residential interference (e.g. from noise or fumes) is a predictable and inescapable result of the permitted use.
Does the landlord’s physical presence or participation in the nuisance activity affect liability?
No. The landlord need not be physically involved in the nuisance; liability arises from the nature of the letting and the foreseeability of the nuisance.
