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.
However, there are situations where access does not relate to maintenance or repair, and it is often under these circumstances that tenants invoke their right to refuse access giving the reason that their quiet enjoyment cannot be breached.
Landlord’s Liability
The landlord’s duty to adhere to quiet enjoyment means the landlord must:-
Ensure the tenant’s actual possession of the property is not interfered with by the landlord or the landlord’s agent
Prevent any interference with the tenant’s enjoyment of the property. Interference may arise because of an omission or failure to act.
The cost of dealing with a claim for breach of quiet enjoyment can be significant and unwanted. A landlord may be able to avoid a claim by acting as reasonably as possible and discussing the reasons for access with the tenant. Some landlord’s offer a rent concession whilst works or repairs are taking place, as this could be cheaper than defending a claim.
It is important to consider that the standard of reasonableness required may be more stringent where the landlord is carrying out works for their own benefit rather than the tenant’s. This may also be the case if the landlord does not offer any financial compensation to the tenant.
It is important to give the tenant as much information as possible about any proposed works and ensure that any specific requirements are passed on to the tenant so their is no misunderstanding.
For example, telling the tenant what constitutes noisy works and agree on how to minimise disturbance, perhaps setting quiet periods or giving the tenant sufficient notice. And also making sure the tenant is informed as to how long the works are likely to last.
Breach of Quiet Enjoyment
The wording of a quiet enjoyment clause refers to the tenant having quiet enjoyment "without any lawful interruption" by the landlord and so the landlord is liable for:-
Trespass onto the tenant's property.
Wrongful re-entry of the tenant's the property.
Therefore, the tenant’s actual possession of the property must not be interfered with by the landlord in a way that prevents, restricts or hinders the tenant from possessing the property, ie; wanting to reside at the property.
The tenant's enjoyment of the property may arise because of an omission or failure to act by the landlord. For example, failing to maintain or repair the property.
Remedies for Breach of Quiet Enjoyment
The cost of dealing with a claim for breach of the covenant for quiet enjoyment can be significant, with a tenant possibly claiming for nuisance, disturbance or inconvenience.
In order to avoid the stress of a potential claim, it would be worth the landlord's while to offer a rent reduction if works are taking place, as this could be more cost effective than defending a claim.