Property specialist successfully represents freeholder in high-profile case

In Central London County Court trial, residents Sergey Grazhdankin and wife Maria sued upstairs neighbours Medhi Guissi and wife Meriem El Harouchi over noise nuisance after they replaced carpets with wooden flooring. 

Judge Tracey Bloom ruled in Mr Grazhdankin’s favour. 

However, nuisance and breach of covenant claims against North End House Ltd were rejected. 

Award-winning solicitor Cassandra Zanelli said: “The claim against North End House Ltd was dismissed.  

“The court found that the installation of the hardwood flooring without proper sound-proofing had caused a nuisance, for which the lessees were liable.  

“However, the court confirmed that even where there is nuisance from a tenant, the landlord is not liable, hence why the nuisance claim against North End House was dismissed.  

“Whilst the landlord has the ability to enforce covenants where a tenant complains of breach, the tenant must give the landlord proper opportunity to do so.  

“The Claimant had not done so in this case, hence why the breach of covenant claim against the landlord was dismissed.

“North End House will seek to recover its costs.”

The court heard that the noises heard by Mr Grazhdankin and his wife included children playing and crying, creaking, noisy conversations and footsteps. 

They took place from as early as 5.30am and as late as 10pm after the couple moved back to the three-bedroom £1.1m apartment in 2020

Judge Bloom’s ruling means Mr Guissi will pay £16,087 in compensation. 

David Hoffman, of leading law chambers 4-5 Gray’s Inn Square, specialises in business and property work.