The Implied Covenant for Quiet Enjoyment and How it Impacts Tenancies

Under common law, there is an implied obligation on a landlord to give the tenant “quiet enjoyment” of the property. This means that the tenant will have possession of the property without interference or interruption from the landlord or any landlord representative.  This means that a tenant should be permitted to reside at the property without being disturbed, harassed or prevented from enjoying their home. It is for this reason that landlords are required to provide tenants with a minimum of 24 hours notice in writing should they wish to gain access to the property.

Landlords are often presented with obstacles when trying to gain access for reasons that will assist the landlord to maintain and repair the property. Under the Landlord & Tenant Act 1985, tenants are required to grant access in order to allow the landlord to inspect the property or carry out repairs, again without disturbing the tenant’s quiet enjoyment of the property.