header-logo header-logo

Love thy neighbour?

01 June 2012 / Christopher Warenius
Issue: 7516 / Categories: Features , Landlord&tenant , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll