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London Borough of Southwark v Mills, Baxter v LB Camden [1999] 3 WLR 939 House of Lords Mills Baxter were tenants in council properties owned by the defendants. Their complaints related to the lack of soundproofing in the flats which meant they could he
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Southwark LBC v Mills [1999] 3 WLR 939. Landlord and tenant; whether poor soundproofing amounted to breach of covenant for quiet enjoyment. Facts. Mills was a tenant in a council flat which was built in 1919 and owned by Southwark LBC. Mills complained under a provision within the tenancy agreement that the noise insulation between the flats ...
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Mar 27, 2002· 13. He also found that the appellants'' actions amounted to breach of the covenant of quiet enjoyment which was implied in the contract. He distinguished Mills v Southwark LBC [2001] 1 AC 1. In that case when tenants took possession of their flats they knew that the walls were thin and that they had to live with noise.
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Southwark LBC v Mills [2001] 1 1 is a Commercial Property Law case concerning Quiet Enjoyment. Facts: The Tenants lived in a block of flats owned by Southwark Council. The Tenants complained that there was a lack of soundproofing and that, as a result, they were able to hear the noise made by Tenants living in neighbouring flats.
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Oct 21, 1999· First instance – Southwark London Borough Council v Mills and Others ChD (Times 11Mar98, [1998] 3 WLR 49) A claim for a breach of the landlord''s covenant for quiet enjoyment, through the sound of normal activities from a neighbour being heard, succeeded. . . Cited – Edler v Auerbach ([1950] 1 KB 359)
Southwark LBC v Mills [2001] 1 AC 1; [1999] 4 All ER 449 Complaints related to the lack of soundproofing in the flats which meant they could hear the day to day activities of their neighbours There was no nuisance. Nuisance is based on the concept of .
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