Ribee v Norrie [2000]

The landlord owned a property converted into a 'hostel' with individual bedrooms and communal facilities, to which the landlord retained access. A fire, started as a result of a carelessly discarded cigarette in the communal area, spread to a neighbouring property and caused damage. The owner claimed damages on a number of grounds including nuisance, negligence and the principle of Rylands v Fletcher.

HELD: The Court of Appeal held that whenever a person has sufficient control over premises that he can say, with authority, to anyone who comes there: "Do" or "Do not light a fire", or "Do" or "Do not put that fire out", he as "occupier" must answer for any fire which escapes by negligence from the premises." The only situation where a landlord in control will not be held liable is where a fire is started by a stranger. For this purpose a stranger is a person over whose acts the landlord has no control. The landlord was therefore liable for the damage caused to the neighbour’s property.