D agreed to lease a scenic kiosk from the P City Council for two years. After six months, a coal dump was established near the look-out which in windy conditions reduced visibility and left grime on the kiosk and the area. This led to a reduction of business. D left the kiosk and 4 refused to make any further rent payments. What would be the basis of D's defence if sued by the P City Council? Would the outcome be any different if, instead of a coal dump, a sewage disposal works had been established in the area?