Tenant v. Landlord: Vicarious Liability for Adjacent Demolition Damage

A tenant sued the landlord for damages, alleging that the demolition work performed by the landlord on adjacent property caused structural cracks in the leased premises, which the landlord contested, arguing that the damage resulted from inherent defects in the existing building. The court of appeal dismissed the tenant's claim, finding insufficient proof that the landlord's work was the direct cause of the damage. The High Court quashed the decision, reasoning that a landlord who undertakes work on adjacent premises that causes damage to the leased property, even if the precise technical cause is debated, retains a general obligation to ensure the tenant's peaceful enjoyment of the premises, and thus must repair the damage or compensate the tenant, even if the landlord did not act with fault.