Q&As
Can food smells from cooking constitute a nuisance in the context of residential tenants?
Private nuisance
Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by Noise, smell or by the causing of actual physical damage to their property. In such cases the claimant can bring a civil claim seeking an injunction and/or Damages and/or Abatement, as appropriate. See Practice note: Neighbour disputes—noise and nuisance.
In Bone v Seale a pig-farmer was held liable for ‘constant malodorous air which frequently caused nausea’.
Where the defendant has not caused the nuisance, but merely permitted it to continue, then proof of negligence is required. Liability only arises where the defendant failed to take reasonable steps to abate the nuisance once it knew or ought
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