164. Premises that are unhealthy or a nuisance.

Any premises1 that are in such a state as to be prejudicial to health2 or a nuisance3 constitute a statutory nuisance4. Examples of premises that have been found to constitute a statutory nuisance5 include:

  1.  

    (1)     premises with inadequate insulation against external noise caused by trains6;

  2.  

    (2)     premises rendered prejudicial to health by problems emanating from other premises7;

  3.  

    (3)     premises that suffer from dampness and mould growth8.

Examples of premises that have been held not to constitute a statutory nuisance include:

  1.  

    (a)     a dwelling house with stained and peeling internal walls which were in need of decorative repair and which caused