LIABILITY OF LANDLORD

An action for nuisance is maintainable against the landlord of the premises on which the nuisance exists provided:

• he has expressly or impliedly authorised the tenant to create the nuisance  Smith v Scott (1973) Ch314.
• if the nuisance was on the premises before he let them and the landlord knew of it or ought to have known of it.
• if the landlord reserved the right to repair or undertaken to repair the landlord is subject to the same liability as an occupier as to those matters over which he has reserved the right or undertaken the duty of repair.