Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2015
Abstract
Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of rigorous judicial analysis and appears to be still lacking in clarity, precision and sophistication. The position prior to the UKSC decision in Lawrence and another v Fen Tigers Ltd and others (No. 2),1 (“Lawrence”) as discerned by the authors of Markesinis & Deakin’s Tort Law2 is that, generally, it is the tenant who is liable and that, as exceptions, the landlord is liable where, inter alia:3
Discipline
Property Law and Real Estate
Research Areas
Corporate, Finance and Securities Law
Publication
Singapore Law Gazette
First Page
26
Last Page
51
ISSN
1019-942X
Publisher
LexisNexis Asia Pacific
Citation
LOW, Kee Yang.
Landlord’s liability for tenant’s nuisance: UKSC clarifies the law in Lawrence v Fen Tigers (No. 2). (2015). Singapore Law Gazette. 26-51.
Available at: https://ink.library.smu.edu.sg/sol_research/2603
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.