The recent High Court decision in Andrews v Kronospan Limited [2025] not only provides clarity on the boundaries of nuisance law but also reinforces the importance of regulatory compliance and lease management for commercial landlords and investors in England and Wales.
The claimants, an environmental group, alleged that dust, noise and odours emanating from a timber factory constituted a nuisance. The High Court ultimately rejected the claim considering, amongst other things, that the industrial use of the site was longstanding, the operation was governed by environmental regulations, and there was no evidence that emissions were harmful to health.
We set out below some practical tips for commercial investors and landlords, to best arm themselves against the risk of nuisance claims.
Lease drafting
- Include clear tenant obligations to comply with environmental permits and planning conditions.
- Consider indemnities to cover losses etc. for nuisance claims arising from tenant activities
- Ensure tenant maintenance and monitoring clauses are robust
- Include dispute resolution mechanisms to manage complaints efficiently
Due diligence
Review environmental permits and any local planning history in the area to assess whether the tenant’s operations align with local uses
Risk Management
- Maintain records of compliance with environmental and planning requirements
- Encourage tenants to adopt best practices for dust, noise and odour control
- Engage independent experts early, if complaints arise
Community relations
- Although compliance provides a strong defence, proactive engagement with neighbours can help to reduce the risk of disputes and reputational damage.
If you are an investor or commercial landlord with queries on how to mitigate the risks of nuisance claims, or you have concerns regarding a nuisance claim, do not hesitate to contact a member of the Real Estate Litigation team or your usual Brodies contact.
