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01 June 2012 / Christopher Warenius
Issue: 7516 / Categories: Features , Landlord&tenant , Property
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Love thy neighbour?

The courts take a dim view of money being wasted in disputes between neighbours, observes Christopher Warenius

Disputes between tenants within blocks of flats are not uncommon and noise complaints are often the cause. In a large block of flats, leases between tenants will usually be in a standard form and contain covenants with the landlord “which are also expressed to be for the benefit of the other tenants” to observe and perform the regulations governing life in the block. Often the landlord covenants with the tenant in each case that it will enforce tenant covenants against other tenants. The case of Faidi v Elliot Corporation [2012] EWCA Civ 287, [2012] All ER (D) 123 (Mar) concerned the common problem of noise insulation and flooring—in this case in the rather rarefied environment of Eaton Mansions in London.

Flat facts

The freehold of Eaton Mansions was owned by the Grosvenor Estates (Grosvenor) and the head leasehold interest was owned by Eaton Mansions (Westminster) Limited (EMW), which is a management company owned by the

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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