There was no nuisance. Nuisance is based on the concept of the reasonable user, and.the use of the apartments was reasonable. The claimants had not sought to argue that the neighbours created excessive noise or act in ways which were unreasonable. The Borough could not therefore be liable for authorising a nuisance that did not exist.
A temporary interference is also unlikely to give rise to a successful claim.
Essentially, in order to be successful in claiming a breach of the quiet enjoyment covenant a tenant must prove that: