Added on 30/12/2011Law Case (1950 +)

Joseph Dayani v. Bromley London Borough Council. 2001.


Technology & construction court.



Thanks to Richard Perrins for supplying this reference.

The defendant (Bromley London BC) was the tenant of the claimants property.

A tree located within the property was partially blown over during a storm. The top of the tree rested against the roof of a neighbouring property, which was a children's home, owned by the defendant.

The defendant took steps to remove the branches resting on the roof and later, after consultation with their tree officer, decided to remove the remainder of the tree as its roots appeared to be partially decayed.

These works were carried out without consultation or the consent of the landlord (the claimant). Subsequently, cracks appeared in the property building walls and the claimant alleged that these were caused by heave of the clay soil which lies beneath his building. He claimed damages for negligence, nuisance, waste and breach of a tenants obligation to the landlord.

The claim was dismissed.

It was found that the defendants duty to use the landlords property in a tenant like manner did not prevent it from abating a serious nuisance to a neighbouring property. The defendant was not liable in negligence for alleged damage to the landlords property where it acted reasonably and sensibly in abating the nuisance even though the works were carried out without first consulting the landlord.
The evidence established that the tree was dangerous and that there was no alternative other than to remove it. This action was reasonable and was carried out without negligence so the claims for nuisance and negligence failed.
The defendant had carried out the works which were in the interests of the landlord.


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