Noise appeal goes to Lords

Judgment is now pending in the House of Lords in a case which will decide whether landlords are under a legal duty to protect their tenants from noise emanating from neighbouring properties. In Baxter v London Borough of Camden the Appeal Court held last November that a landlord who let a flat with poor sound insulation could not be held liable in tort to his tenant if the noise complained of resulted from ordinary use of residential premises. In dismissing an appeal by the tenant against earlier dismissal of nuisance claims, the Appeal Court held that a landlord would be liable only if he had caused, continued or authorised a nuisance.