Quiet Enjoyment

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  • Quiet Enjoyment

    On the issue of "Quiet enjoyment" how would it be enforced? Is there any referance to it in housing law or case law. How would it be defined?

  • #2
    If you are refering to the covenant in landlord and tenant law, which gives the tenant the right to quiet enjoyment, see this thread for the legal and practical implications:
    A landlord's right of access.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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    • #3
      See the following judgments where quiet enjoyment is discussed at length, and other cases are referred to.

      http://www.parliament.the-stationery...21/mills-1.htm

      The most relevant paragraphs start from the one beginning "I shall consider first the covenant for quiet enjoyment."

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      • #4
        Very helpfull many thanks.

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        • #5
          Originally posted by johnboy View Post
          On the issue of "Quiet enjoyment" how would it be enforced?
          The short answer is that it is enforced like any other covenant. You can apply to the court for (a) liquidated damages (that is damages that reflect a loss incurred) and/or (b) an injunction.

          A landlord's covenant for quiet enjoyment applies to all tenancies and is not restricted to residential property.

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          • #6
            But I do not think that it's an automatic implied term. The Lease/Letting Agreement usually includes it, explicitly; otherwise L has no such obligation.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              But I do not think that it's an automatic implied term. The Lease/Letting Agreement usually includes it, explicitly; otherwise L has no such obligation.
              Authority is against you. See Budd-Scott v Daniel [1902] and Markham v Paget[1908].

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              • #8
                Both over 100yrs. ago, so possibly now a little unreliable?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                • #9
                  Walsh v Lonsdale [1882]

                  Tulk v Moxhay (1848)

                  Rylands v Fletcher [1868]

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                  • #10
                    Not about implied terms, are they?
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      Originally posted by jeffrey View Post
                      Not about implied terms, are they?
                      No, but they are over 100 years old.

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                      • #12
                        So they predate:
                        a. the House of Lords decision in 1966 (approx.) that it will not necessarily be bound by its own precedents; and
                        b. the Human Rights Act 1998.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment

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