Q&As

Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 19/01/2018

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?

Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?

Every relationship of landlord and tenant will contain a covenant requiring the landlord to allow the tenant quiet enjoyment of the demise. If such a covenant is not expressly set out in the lease, it will be implied by operation of law. ‘Quiet enjoyment’ in this context means the right of the tenant to obtain exclusive possession of the entire demise and to continue to do so without interference or interruption of possession, (Jenkins v Jackson). In London Borough of Southwark v Mills, the House of Lords confirmed that the covenant was one that provided that the lawful possession by the tenant of the land will not be substantially interfered with by the acts of the landlord. The question of whether interference is substantial

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