However, as pointed out by John Murdoch in
Q The mentally unwell tenant of the flat immediately above mine makes such a disturbance that life has become hell. My lease contains no covenant by the landlord to enforce the covenants taken from the other tenants in the block. Can I sue the landlord in nuisance and/or negligence?
A No. A nuisance action requires proof of authorisation. Nor can it be said that the landlord owed you a duty of care in the circumstances you describe. Both these points were affirmed, if somewhat unenthusiastically, by the Court of Appeal in Mowan v Wandsworth London Borough Council [2001] EGCS 4.
However, as pointed out by John Murdoch in Nuisance values, Estates Gazette 23 June 2001, p154, the decision does not rule out the possibility that a refusal to take action against the offending tenant may, in certain circumstances, amount to derogation from grant or a breach of the covenant for quiet enjoyment. Again, if you can lay the blame on a relevant public authority, there may be public law remedies, as reinforced by the Human Rights Act.
