Landlords could face millions of pounds in costs to upgrade sound insulation in flats following a tenant’s test-case claim that building noise has affected his health.
Mark Vella is seeking a High Court ruling that “incessant” noise at his south-west London home is so prejudicial to his health that it comes within the definition of “statutory nuisance” under the Environmental Protection Act 1990.
He claims that Lambeth Council should be ordered to serve on his landlord, London & Quadrant Housing Trust (L&Q), an abatement notice requiring it to reinsulate the Edgeley Road flat against noise.
However, the council and L&Q argue that were the claim allowed, landlords could face huge costs in upgrading properties to a standard of sound insulation that was not required when the buildings were constructed or converted to flats.
According to L&Q’s south-west property services team leader, John Loveday, the cost of upgrading older properties in his region could reach £48m, while the cost across the entire L&Q portfolio, which comprises more than 37,000 homes, could be as much as £235m.
Vella’s one-bedroom, ground-floor flat is situated in Elmshurst Mansions, a three-storey terraced property that was converted into six flats almost 30 years ago. He has complained to L&Q about the noise since January 2001, but the landlord has allegedly refused to carry out improvements.
In court, David Watkinson, counsel for Vella, claimed that noise within the building had forced his client to leave the flat for long periods, and produced a medical report showing adverse effects upon Vella’s health.
The barrister argued that the council had been legally bound to serve an abatement notice under the 1990 Act.
However, Lambeth council’s barrister, Andrew Arden QC, argued that the government’s “decent homes” scheme of 2000 required all social and public housing stock to be upgraded by 2010.
He said that if the courts insisted that all older buildings should be immediately upgraded, a “huge financial burden” would be imposed on landlords.
The court is expected to reserve its decision at the end of a one-day hearing.
R (on the application of Vella) v Lambeth London Borough Council and another Administrative Court (Keene LJ and Poole J) 7 October 2005.
David Watkinson (instructed by Hackney Law Centre) appeared for the claimant; Andrew Arden QC and Jonathan Manning (instructed by Judge & Priestley, of Bromley) appeared for the defendants; Christopher Baker (instructed by Devonshires) appeared for the interested party, London & Quadrant Housing Trust.
References: EGi Legal News 07/10/05
