Q&As

Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?

read titleRead full title
Produced in partnership with Laura Bushaway
Published on LexisPSL on 25/11/2020

The following Property Disputes Q&A produced in partnership with Laura Bushaway provides comprehensive and up to date legal information covering:

  • Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?

Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?

There is an express or implied term in a lease of business premises that a tenant has the right to quietly enjoy the premises. Quiet enjoyment is the right to peaceably and quietly enjoy the premises without interruption of possession. The landlord can only interfere with the use and benefit of the premises by the tenant if it has a lawful excuse.

The Court of Appeal in Sanderson v Berwick-on-Tweed (Mayor), stated: 'it appears to us to be in every case a question of fact whether the quiet enjoyment of the land has or has not been interrupted…'. Therefore, the answer is likely to turn on the factual circumstances behind the disconnection of the electricity supply and the terms of any express quiet enjoyment covenant in the lease. What was the reason for the disconnection? Was it disconnection at the request of the electricity supplier or was it required by the landlord in order to enable them to carry out works at the premises?

If it was the electricity supplier that disconnected the supply, this may not amount to a breach of the quiet enjoyment covenant as the electricity supplier is a third party who does not have title to the property (see King v Liverpool City Council

Related documents:

Popular documents