Whether an abatement notice should be served in respect of poor sound insulation | Practical Law

Whether an abatement notice should be served in respect of poor sound insulation | Practical Law

R (on the application of Vella) v Lambeth London Borough Council, 14 November 2005 (High Court).

Whether an abatement notice should be served in respect of poor sound insulation

Practical Law UK Legal Update Case Report 9-201-6113 (Approx. 5 pages)

Whether an abatement notice should be served in respect of poor sound insulation

by PLC Property
Law stated as at 18 Nov 2005 • England, Wales
R (on the application of Vella) v Lambeth London Borough Council, 14 November 2005 (High Court).
The court was required to consider whether a flat that lacked proper sound insulation was in a state that was prejudicial to health.
It held that poor sound insulation did not amount to a statutory nuisance within the meaning of the Environmental Protection Act 1990. The landlord could not therefore be required to carry out work to the flat to prevent noise being transmitted from adjoining premises.