Commercial Landlords Can Be Dragged Into Legal Proceedings as Neighbours From Hell, Avoid It...
Whilst noisy neighbours may be a big problem in residential areas, they can also be a problem for commercial properties. There are strict laws that prevent companies from having a negative impact on their local environment and so landlords looking to invest in commercial property need to be aware of the rules they have to adhere to.
The definition of a 'nuisance' is very broad and the law clearly outlines what constitutes a 'nuisance' in legal terms. In simple terms, owners of commercial properties have an absolute responsibility under the law not to cause a nuisance to local residents or neighbouring businesses.
Whilst the law is clear about what constitutes a nuisance, the main issue that neighbours face when encountering problems is to prove their claim. The courts will only act if there is very clear proof that a business is causing a negative impact on their local environment.
Landlords who own commercial property should therefore understand exactly what constitutes a nuisance and how they can ensure they don't fall foul of the laws in this regard.
One common complaint against commercial property landlords is that of 'unreasonableness'. For example, for a landlord to be challenged under the nuisance laws, they must be blocking access to another property in an unreasonable way.
The principle of 'unreasonableness' also applies to other areas. For example, neighbours may often file a complaint against unreasonable noise, smells or sights emanating from a business. Noisy customers leaving a pub at closing time or lots of rubbish and smells from a takeaway may both be cause for complaint from neighbours of the business. In court, the extent of the impact of these 'nuisances' will be considered when deciding if there is action to be taken.
A growing problem for commercial landlords across the UK is the issue of anti social nuisance caused by alcohol. In recent years, police forces and magistrates have cracked down on the nuisance caused by drunken behaviour and commercial landlords can easily find themselves in court over these problems.
In addition to laws about 'nuisance', commercial landlords can sometimes be caught out by similar rules about causing an 'annoyance'. For example, a developer in 2008 was found guilty of causing an 'annoyance' even though he was cleared of causing a 'nuisance'. This related to building a three storey extension which, although built in line with planning consent, was considered to have breached his legal responsibility not to cause an annoyance.
Many commercial landlords are unaware of the 'annoyance' laws. However, as it is often easier to prove that an annoyance has been caused (than it is to prove a nuisance) landlords should be familiar with the regulations.
The best way for commercial landlords to avoid falling foul of the law is to build a positive relationship with the neighbours of the business. Landlords should always be prepared to seek feedback about concerns or problems and work together to iron out any problems. By working in partnership with residential neighbours, landlords can ensure that they avoid the problems and costs of legal claims.
About the Author:
Howard O'Gollegos writes for Just Commercial Mortgages the UK's No1 site for the latest commercial mortgage rates and commercial property finance news.
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