Covenants for quiet enjoyment
Covenants for quiet enjoyment

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Covenants for quiet enjoyment
  • Title paramount
  • Express covenant
  • Conditional on compliance with tenant covenants?
  • Interaction between landlord's reserved rights and tenant's right to quiet enjoyment

Every lease contains either an express or implied covenant for quiet enjoyment. In the absence of an express covenant, a covenant will be implied. The covenant includes a confirmation that the landlord has the title to grant the lease and an obligation to put the tenant into possession. It extends to oral lettings.

In First Tower, the presence of asbestos at the property did not amount to a derogation from grant (or a breach of the covenant for quiet enjoyment—as to which see below). This was not a case where the landlord had done anything or omitted to do anything after the lease which derogated from its grant or interfered with quiet enjoyment. The interference was the inability of the tenant to go into occupation until works were carried out to remove the asbestos.

There is also an implied contractual obligation in agreements for lease which are equivalent to an actual demise (where the tenant has taken possession and the agreement can be enforced by specific performance).

The covenant protects the tenant against:

  1. all disturbance (except under a right of entry) by the landlord, whether lawful or not, and

  2. lawful disturbance by persons claiming under him

It does not extend to unlawful disturbance by those claiming under him (unless it can be proved that the landlord has authorised the acts in question) as the