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ARTICLE · 05 AUGUST 2014

Landlord Liability For Tenant Nuisance

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Coventry v. Lawrence first appeared before the Supreme Court in February 2014. The Court handed down a seminal judgment on issues of nuisance and public policy.

United KingdomReal Estate and Construction

Coventry and others v. Lawrence and another (No. 2) [2014] UKSC 46

Coventry v. Lawrence first appeared before the Supreme Court in February 2014. The Supreme Court handed down a seminal judgment on issues of nuisance and public policy. The Supreme Court has now determined a separate issue arising from the same dispute, namely the liability of a landlord for a nuisance caused by the landlord's tenant. In summary, a landlord will not be liable for a nuisance caused by its tenant except where the landlord authorises or directly participates in the tenant's nuisance.

Background

The background is straightforward. The landlord let its moto-cross track and speedway facility to a tenant. The activities of the tenant amounted to a nuisance for which the tenant was liable to the appellants. The landlord had previously used the facilities for motorsport. Further, the landlord:

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