Two long leasehold flats in two different blocks in London. Two elderly tenants in dispute nominally with their respective management companies, but in reality with their neighbours, who would bear the cost of any dispute through increased service charges.
Marjorie had lived in her flat for almost fifty years. After Marjorie’s husband died her daughter, an interior designer, persuaded her to refurbish the flat including replacing the carpeting throughout with modern wooden floors. Marjorie’s neighbours in the flat below complained that they could now hear Marjorie moving round the flat, particularly at night when Marjorie, who suffered from insomnia, got up repeatedly to make cups of tea. They complained to the management company and, after several letters had been ignored, it threatened proceedings for nuisance and an injunction requiring Marjorie to replace carpeting throughout the flat. Marjorie’s daughter was adamant that there could be no nuisance from noise because she had specified the very latest sound insulation in the wooden flooring. Privately she believed that Gladys, who lived downstairs and had been a good friend, was jealous of her mother’s smart modern flat and was just trying to cause trouble.