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Jackson v J H Watson Property Investment Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 14(Ch), 7 January 2008. Considers whether a landlord can be liable in nuisance to a long leaseholder when the cause of damage predates the lease. The claimant (J) held a long lease on a flat in a building which had been converted into flats. At the time of the conversion a problem had occurred which had subsequently resulted in water entering J's flat. J accepted that the landlord company (W) was not liable for the problem. However he argued that W had caused a continuing nuisance by failing to repair the problem. "Held": The principle of caveat lessee applied. J had taken the premises as they were and could have no complaint regarding a pre-existing defect. J could not rely on the law of nuisance to force W to put right problems caused during the stewardship of J's predecessor in title. Judgment for the defendant.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 142794-1001

[2008] EWHC 14(Ch), 7 January 2008. Considers whether a landlord can be liable in nuisance to a long leaseholder when the cause of damage predates the lease. The claimant (J) held a long lease on a flat in a building which had been converted into flats. At the time of the conversion a problem had occurred which had subsequently resulted in water entering J's flat. J accepted that the landlord company (W) was not liable for the problem. However he argued that W had caused a continuing nuisance by failing to repair the problem. "Held": The principle of caveat lessee applied. J had taken the premises as they were and could have no complaint regarding a pre-existing defect. J could not rely on the law of nuisance to force W to put right problems caused during the stewardship of J's predecessor in title. Judgment for the defendant.