Ventilation vexation: when nuisance isn’t the landlord’s problem
July 30, 2025
Ventilation vexation: when nuisance isn’t the landlord’s problemJuly 30, 2025 SummaryRelevant to both landlords, tenants and anyone suffering a nuisance from adjoining land in England and Wales, this is a case which demonstrates the importance of careful drafting of a demise (i.e. the definition of “the Property”) in a lease. In this case there was enough room for the drafting to be challenged such that there was a dispute as to whether ventilation ducting fell outside of the demise or within it. The ramifications were significant: if it was within the demise the tenant would be responsible for any nuisance that the ventilation ducting caused, but if it didn’t the landlord would be liable. The nuisanceOne form of private nuisance is when one party unreasonably interferes with the use and enjoyment of another party’s land. Who was liable?The point which came before the Chancery Division on appeal was the question of who was liable for the nuisance; the landlord or the tenant of the Gourmet Grill? Takeaways
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