PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
February 5, 2026Oxford Journal of Legal Studies0 citations

Defective Buildings Are a Nuisance

View Full Paper
VEVicki EvansJGJodi Gardner

Key Points

  • The aim is to investigate how nuisance law can assist leaseholders of defective buildings in seeking remediation.
  • Reviewed legal decisions, specifically Fearn v Tate Gallery.
  • Analyzed the implications of nuisance law on defective buildings.
  • Explored the role of landlords as potential liable parties under nuisance law.
  • Found that nuisance law can help leaseholders against landlords for unsafe buildings.
  • Indicated that an injunction could be a viable remedy for remediation.
  • Highlighted the potential for public good through application of nuisance in building safety cases.

Abstract

Abstract This article highlights the potential for nuisance to provide another avenue to leaseholders of defective buildings who want to seek remediation. The Supreme Court’s decision in Fearn v Tate Gallery expanded the scope of nuisance, focusing on whether there was substantial interference with property use, without the need for physical invasion. Unsafe cladding and fire safety defects diminish the amenity and utility of leasehold flats, so that many are unsafe and unsellable. Landlords, as freeholders, can be considered ‘neighbours’ under nuisance law and therefore held liable for failing to remediate hazards. Applying nuisance to defective premises could allow leaseholders the remedy of an injunction, therefore allowing remediation. Unlike the criticised Fearn, which prioritised the interests of wealthy occupiers of the Neo Bankside apartments over the general public, this article explores the possibility of using nuisance for public good through the remediation of buildings with potentially life-threatening defects.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Evans et al. (2026) studied this question.

synapsesocial.com/papers/698434dff1d9ada3c1fb393bhttps://doi.org/10.1093/ojls/gqag005
Ask AI
Helpful
Bookmark
Share
View Full Paper

Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1The Licensee Called - He Wants His Peace Back!2024
  2. 2Reforming dilapidations disputes2026
  3. 3Out of time and out of pocket: The Victoria Square apartments debacle and the (empty?) promise of the Defective Premises Act (Northern Ireland) 20242025
  4. 4Rylands v Fletcher Redux: Rubis Bahamas Ltd v Russell2026
  5. 5A study on the defect liability period for housing units subject to conversion for sale: Necessity of expanding public law regulation on defect liability2025