All about dam­age and nui­sance by ten­ants

HT Estates - - HTESTATES -

vide for an ap­pro­pri­ate rem­edy for breach of these con­di­tions and for in­dem­ni­ties in favour of the land­lord in or­der to pro­tect the land­lord against third party ac­tions dur­ing the pen­dency of the ten­ancy.

In 1947, in the mat­ter of State of Wor­thing­ton’s Cash Store (in a UK court), an ac­tion was brought by the plain­tiff against an oc­cu­pier of premises, whereby the plain­tiff was in­jured by the fall of snow that had ac­cu­mu­lated on the roof of the de­fen­dant. She claimed dam­ages al­leg­ing nui­sance. It was held that the de­fen­dant had done noth­ing to abate the nui­sance and was ac­cord­ingly held li­able for nui­sance and neg­li­gence. The reme­dies for nui­sance are in­junc­tion and dam­ages.


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