Elsom &Taylor- Parker v Coroneos

The case of Elsom & Taylor-Parker v Coroneos involved the tenants of a residential property, Elsom and Taylor-Parker, who sought a reduction in rent or compensation due to noise issues emanating from another unit within the same property. The matter was heard in the Residential Tenancies Authority, presided over by Commissioner M.J. Kelly. The tenants argued that the noise, which was caused by the occupant of an adjacent unit and not the landlord, rendered their unit uninhabitable, thereby affecting their enjoyment and use of the premises.

The legal issues before the court were whether the noise constituted a breach of the implied covenant for quiet enjoyment and whether it amounted to the property being uninhabitable, thereby justifying a reduction in rent or compensation. The court had to determine if the landlord was responsible for the noise created by the occupant of another unit and if the noise was severe enough to render the property uninhabitable.

The court found that the noise did not breach the implied covenant for quiet enjoyment as it was not caused by the landlord but rather by the occupant of another unit. Furthermore, the court held that the noise did not reach the level of severity required to render the property uninhabitable. As such, the application for a reduction in rent or compensation was dismissed.