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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| 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.