Breach of covenant not to suffer a nuisance

Courtney Lodge Management Ltd v Blake

[2004] EWCA Civ 975.

Covenant that the Lessee .. will not do or suffer to be done thereon or upon any part of the Lessors Demised Premises any other thing which may be or become a nuisance annoyance or inconvenience to the Lessor or to the owners lessees or occupiers of other parts of the Lessors property.

    .. the failure to exercise a legal power to prevent the breach will constitute a breach of covenant not to permit or suffer a particular event or state of fact. But it does not follow that a covenant not to suffer a particular state of affairs can only be broken if there is a legal power to prevent it. Counsel .. submits that you may suffer a nuisance eve if you have no legal power to prevent it if, having influence which, if exerted, might lead to a cesser of the nuisance you fail to exert it all. .. I would accept that submission, at least if, as a matter of fact, exertion of the influence would, on a balance of probability, have brought about an end to the offending state of affairs. (Sir Andrew Morritt, ViceChancellor at paras 22 and 23).



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