- Breach of quiet enjoyment covenant: waiver of rent relevant to reasonableness (Jafari v Tareem Ltd)
- What are the practical implications of the decision?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: Gary Blaker QC, of Selborne Chambers, examines a High Court decision that, when considering the appellant tenant's damages claim for breach of a covenant for quiet enjoyment as a result of building works undertaken by the respondent landlord, the trial judge had not erred by taking into account the respondent's waiver of rent in determining whether it had taken all reasonable steps to minimise disturbance. The court also dealt with several grounds of appeal which challenged the judge's factual findings.
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