Statutory nuisance

Citation

Waterson, G. and Lee, R. (2000), "Statutory nuisance", Property Management, Vol. 18 No. 2. https://doi.org/10.1108/pm.2000.11318bab.011

Statutory nuisance

Camden LBC v. Gunby (1999) 44 EG 147

The court in this case was concerned with the question of whether an abatement notice requiring the remedying of structural defects could properly be served on the landlord's managing agent.

The difficulty arose from what might conceivably have been an oversight on the part of the Parliamentary draftsman in drawing up the relevant provisions of the Environmental Protection Act 1990, which are set out in section 80(2) of the Act. Although what might be termed the "normal" definition of "owner" in this and other similar legislation includes "the person for the time being entitled to receive the rack-rent of the premises, whether on his own account or as agent or trustee for any other person", or some such similar working, in section 80(2) of the 1990 Act the work "owner" is undefined.

The court considered the matter at some length before deciding to apply the "normal" definition: ergo, on the fact of it the notice could properly be served on the managing agent.