'Quiet enjoyment' of rented property

This article from Lawpack's Residential Lettings Kit discusses the meaning of the term 'quiet enjoyment' and the duties it imposes on a landlord.

Every tenancy agreement contains what is called the 'covenant of quiet enjoyment'. This doesn't mean just that tenants are entitled to a noise-free environment, but that they have the right to live in the property undisturbed. This means not only that they have the right not to be illegally evicted, but also that the landlord should respect their rights and not do anything that will adversely affect their occupation of the property.

The covenant of quiet enjoyment is most commonly invoked to protect tenants whose landlord is trying to 'persuade' them to leave, perhaps because they are not paying the rent or because he wants the property back for his own uses, but is reluctant to go to court for a possession order. For example, such landlords may constantly visit the property, shout threats at the tenant, and interrupt the gas and electricity supply. This sort of behaviour is illegal and can attract both a criminal charge and make the landlord liable for civil proceedings for an injunction and/or damages. However, the covenant for quiet enjoyment can also apply to other matters. For example, it can cover a landlord's failure to comply with his repairing covenants.

It is important therefore that landlords ensure that they are complying with all their covenants, including their obligations to keep the property in proper repair, and that they do not intrude on the tenant's privacy. These may conflict, as clearly the landlord will have to go to the property from time to time to carry out his inspections and repairing obligations.

Some tenants may object to this and call it harassment (particularly if they are in arrears of rent). If there is a problem of this nature or is likely to be, then the landlord should take care to only attend at the property by appointment or by the invitation of the tenant. He should never use his keys to enter the property without the tenants' knowledge or permission, other than in cases of genuine emergency.

If the tenant objects to the landlord attending to do inspections or carry out repairs, then the landlord cannot enter. This situation is rare however and if it occurs then the landlord should consider whether he should bring proceedings for possession.

Note that if the tenant's failure to allow access for repairs is causing the property to deteriorate this may in itself be a ground for possession, but this should only be used  if the deterioration is very serious and urgent remedial work is needed.

A landlord who treats his tenants with respect and who complies with his obligations under the tenancy will be protecting himself from any potential claims from his tenants. He will also find it easier to enforce his own rights against the tenants, should this be necessary.

Although a covenant of quiet enjoyment is not implied into licence agreements, licensees have the right to use the property for the purpose for which occupation was granted, which gives them a certain amount of similar protection for the duration of the licence agreement.

04 July 2008