The courts take a dim view of money being wasted in disputes between neighbours, observes Christopher Warenius
Disputes between tenants within blocks of flats are not uncommon and noise complaints are often the cause. In a large block of flats, leases between tenants will usually be in a standard form and contain covenants with the landlord “which are also expressed to be for the benefit of the other tenants” to observe and perform the regulations governing life in the block. Often the landlord covenants with the tenant in each case that it will enforce tenant covenants against other tenants. The case of Faidi v Elliot Corporation [2012] EWCA Civ 287, [2012] All ER (D) 123 (Mar) concerned the common problem of noise insulation and flooring—in this case in the rather rarefied environment of Eaton Mansions in London.
Flat facts
The freehold of Eaton Mansions was owned by the Grosvenor Estates (Grosvenor) and the head leasehold interest was owned by Eaton Mansions (Westminster) Limited (EMW), which is a management company owned by the leaseholders for the time being of the block. The Faidis