Southwark LBC v Long [2002]

The landlords, a local authority, were found to be in breach of their tenancy agreement with the tenant, in breach of the covenant of quiet enjoyment and guilty of nuisance. They had over a period of many years failed to properly operate a refuse chute within a block of flats. Refuse frequently piled up outside the tenant's flat and there were complaints of considerable noise as well as smells and maggot infestations in and around the bin areas. 

HELD: The Court of Appeal held that there was a specific requirement on the landlord in the tenancy to take reasonable steps to keep the estate and common parts clean and tidy and this included cleaning the chute.  The duty could not be satisfied by delegation to a contractor unless an adequate system for monitoring was in place. Noise by other tenants' use of the chute was not a breach of this tenant's right to quiet enjoyment but there was evidence on which the judge could find the Council guilty of nuisance.

The court ordered the landlord to pay the tenant damages of £13,500 (representing damages for breach of the tenancy agreement for over seven years) and to carry out certain repairing works on the rubbish chute system.