Leases: Quiet enjoyment covenant
A note examining why an express covenant for quiet enjoyment should be included in a lease, rather than relying on the landlord's implied obligations. This note explains what is meant by quiet enjoyment in the context of both commercial and residential leases in England and Wales. It also considers the relationship between the quiet enjoyment covenant and the landlord's implied obligation not to derogate from grant. This note explores key negotiation points for both landlords and tenants, such as modifying the express covenant, extending its scope to cover a superior landlord, and making liability conditional on the tenant's compliance with their own covenants. Furthermore, this note details what constitutes a breach of the covenant for quiet enjoyment, the extent of a landlord's liability, and practical steps a landlord can take to minimise disturbance and avert a claim.
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