claim for a reduction in the rent, for damages and/or for termination of the contract due to L´s breach of contract (Section 15 of the Private Housing Act.)
No special rules apply to mixed “private-professional” tenancies. Such apartments are generally considered as dwellings. (Section 3 of the Private Housing Act.)
Set 6: The Relationship among the Tenant and Third Persons
Short General Introduction:
There are no specific rules concerning the relationship between the tenant and third parties.
Question 28: Neighbour Relations
T and N are tenants of neighbouring apartments in the same house. How can T react if N continuously plays excessively loud music or constantly produces bad smells penetrating into T’s apartment?
L is contractually obliged to secure peaceful enjoyment of the tenancy under Section 27 of the Private Housing Act. At present, the only options open to T would be to 1) direct a complaint to L and ask him to use his powers to make N stop committing a nuisance or 2) terminate the contract due to N´s inconsiderate behaviour.
A committee of the Ministry of Social Affairs has, however, recently recommended the adoption of new rules in the Private Housing Act. Under the new rules should L fail to react to complaints made by T, it will be possible for T to seek a sanction of such behaviour by a rent tribunal instead.
If N owned the apartment it would be almost impossible to have him expelled from the premises. In this case the only opportunity for the tenant would be to direct a complaint about the noise to the police.44 Complaints about smells do not fall within the jurisdiction of any public authority, as the environmental authorities are only empowered to deal with commercial premises.
Question 29: Damages caused by Third Parties
T has rented a house from L. The house is damaged negligently by a lorry during construction work undertaken at a neighbour's house, which causes repair costs of 10000 € and entails T being unable to use two rooms for two weeks. Does T have claims against the building company or the neighbour N who commissioned the building company?
If property belonging to T is damaged or T is injured, then T has a claim against the building company. Most probably he will not succeed in his claim against the neighbour. As the house is seriously damaged and a significant section of the property cannot be used for a period, in accordance with Section 11(2) of the Private Housing Act, T is entitled to a reduction in rent.
44 See question 26 (c).
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L can demand reimbursement of his loss from the building company or possibly also from N.
Question 30: Unwelcome Help among Neighbours (Negotiorum Gestio)
When T has left his rented apartment for holidays, neighbour N notices a strong gaslike smell coming out of T’s door. Assuming that the gas pipe in T’s apartment has a leak and that a danger of explosion may be imminent, N breaks open the apartment door, thereby destroying his chisel worth 10 € and causing a damage of 200 € at the apartment door. After entering the apartment, N discovers, however, that the gas-like smell stems from the garbage bin which T had forgotten to empty before leaving. Has N a claim against T or vice-versa?
T has a claim against N. One of the conditions for not being liable for damages in a ‘negotiorum gestio’ situation is that the intervention must be necessary to avoid or reduce a loss. This is not the case in this scenario because there was no danger of T suffering a loss due to the contents of the garbage bin. N may therefore be held liable for having interfered. It is of minor importance whether N has acted in good faith or not. The assessment depends solely on whether a reasonable person in the same circumstances would have acted in the same manner. N could only successfully claim against T if it was accepted that the danger appeared imminent to N.
Aarhus, 14 October 2003
Hans Henrik Edlund,
Associate Professor, Ph.D.
Department of Law
The Aarhus School of Business
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