High Court Clarifies Landlord’s Liability in Nuisance Claim Over Tenant’s Fixtures

In the recent High Court case of HLS Leisure Ltd v Darville & Son Ltd [2025] EWHC 1884 (Ch), the court held that a landlord was not liable in nuisance for noise and hygiene issues caused by ventilation ducting installed by a restaurant tenant, even though the ducting passed through retained common parts of the building.

Background

The claimant, HLS Leisure Ltd, operates Pinks Gentlemen’s Club from a mixed-use property in Windsor. Access to the club requires patrons to pass through a covered loading bay at the rear of the premises. Within this bay is ventilation ducting forming part of a kitchen extract system installed by a neighbouring tenant, Gourmet Grill.

The Dispute

The dispute arose when HLS Leisure counterclaimed in forfeiture proceedings initiated by the landlord, Darville & Son Ltd, following re-entry due to rent arrears. HLS alleged that the ducting created an unpleasant environment for staff and patrons, citing excessive noise and grease leakage.

The Decision

The court found that the ducting—installed without the landlord’s consent and extending into common parts—formed part of the restaurant tenant’s demised premises. The judge concluded that because a portion of the ducting was physically “in or on” the demised property, the entire installation qualified as a tenant’s fixture. Responsibility therefore rested solely with the tenant.

This decision reflects a flexible interpretation of what constitutes demised property and raises important questions about the scope of tenant fixtures. It suggests that landlords may not be liable for nuisances arising from tenant-installed fixtures, even where those fixtures affect shared or common areas.

 

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Property & Construction Team at Cleaver Fulton Rankin for further advice or information.

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