The ruling emphasizes that landlords can be liable for nuisance caused by tenants if they fail to intervene despite awareness of ongoing issues.

[1] The appellants who are a family of seven, sued the respondents in nuisance and trespass. The action was strenuously defended by the respondents. Following a full trial, the appellants' action was dismissed with costs.

[2] In the appeal before us, we not only heard parties extensively but we directed them to conduct specific research and make further submissions on the issue of liability of landlords, an issue which is highly relevant for some of the respondents. Thereafter, upon very careful consideration of the grounds of decision, the appeal records and the comprehensive oral and written submissions of all parties, the appeal was unanimously, allowed. We found that the learned judge had fallen into error in finding that the appellants had not proven their case on the civil burden of a balance of probabilities. We found that there was actually overwhelming evidence to the contrary and we were fully satisfied and convinced that the appellants had in fact successfully made out their claim in law and on the facts against all the respondents. The appellants' claim was consequently, allowed.

Factual Background

[3] Flora Green Condominium, Bandar Sungai Long, Selangor is located adjacent to one of the universities in the country, Universiti Tunku Abdul Rahman [UTAR]. The 1st and 2nd appellants are the registered proprietors of unit C-14-1 at Flora Green Condominium [C-14-1]. These appellants, together with their children, the 3rd to the 7th appellants, reside at C-14-1.

[4] The 1st respondent was the registered proprietor of three penthouse units at Flora Green Condominium [Flora Green]: C-P-1, C-P- 2 and C-P-3. C-P- 1 is located directly above the appellants' unit, C-14-1. The 1st respondent owned all three units at different points in time, the details of which are not relevant for the moment. Save for C-P-1 which he sold on 9 February 2014, he still owns the other two units. The 1st respondent also co-owns C-P-3 with the 4th respondent. The 2nd respondent bought C-P-1 from the 1st respondent but sold it subsequently to the 3rd respondent, who remains the registered proprietor of that unit until today. The 5th respondent is the Management Corporation, established under the Strata Management Act 2013 .

[5] It is the pleaded case of the appellants that during the period of June 2013 till September 2013, the 1st respondent illegally and without the proper and requisite approvals of the local authorities as required under the relevant laws, renovated all three of his units, partitioning and turning the penthouses into student accommodation. As mentioned, UTAR was in the vicinity. The appellants further claimed that the renovations were in breach of the House Rules of Flora Green Condominium.

[6] The appellants claimed that as a result of these illegal renovations, which frequently carried on into late at night or the early hours of the morning, their unit was damaged. The damage was said to have been discovered in September/ October 2013.

[7] The appellants claimed that the renovations caused cracks on the walls and ceiling of their unit, with water leakage, unpleasant sewage smell and overflowing of sewage into the appellants' unit. The appellants claimed that there was also excessive noise and vibrations during the renovations.

[8] The appellants lodged a complaint with the local authority on 11 October 2013. On 29 April 2014, the local authority issued an order to demolish and a notice to compound.

[9] The appellants claimed that since then, the 1st respondent, his agents, tenants, employees and/or representatives began to harass them, make excessive noise and/or vibration and commit various other acts amounti