13 April 2017 by

“Quiet enjoyment” – guidance for Tenants and Landlords

A case last year considered the balancing act sometimes required between the Tenant’s right to quiet enjoyment and the Landlord’s need to carry out work to the premises or adjoining property.  In the case the Landlord carried out the work but ended up having to pay compensation to the Tenant.  The case provides a useful insight into this sometimes thorny problem and provides useful guidance.

The Tenant was paying over £500,000.00 per annum in rent.  The lease included the usual landlord’s covenant “to permit the tenant to peaceably and quietly hold and enjoy the property without any interruption or disturbance from the landlord”.  The lease also included a clause reserving certain rights to the landlord to erect scaffolding and alter or rebuild the building.  The Landlord relied on this clause and erected scaffolding and carried out redevelopment works.

The Court decided that generally landlords are entitled to carry out works, provided that they take all reasonable steps to minimise disturbance to the tenant. In this particular case the Court decided that these reasonable steps had not been taken so ordered the Landlord to pay the Tenant damages in compensation for the Landlord’s breach of the covenant for quiet enjoyment.

 Advice and guidance:
  • The starting point is always to look carefully at what the lease says
  • If there is a clause allowing works to be carried out then the ‘best practice’ for landlords to adopt (and potentially avoid having to compensate their tenant) is to:
    • Talk with the tenant about the proposed work and the likely disruption
    • Assess the likely impact the works will have, particularly if the tenant runs a business from the premises
    • Take steps to minimise disruptions – would clear signage help to minimise the impact?
    • Undertake the works at the least disruptive time.  Can the work be undertaken outside of business hours or are there quieter times during the year?  For example when the tenant is on holiday or at a time when the business is typically less busy.

For further information about this article or commercial property issues generally, you can contact one of our solicitors in the Commercial Property team here.

31 March 2017 by

Cyber Security – Know the legal position

The continuous onslaught by hackers to obtain information or assets that are held electronically, it seems, is never ending.  This […]

7 April 2017 by

Bolt Burdon’s Jonathan Copping asked by The Guardian for legal comments following football manager David Moyes’ ‘slap’ remarks made to a female BBC reporter

The Football Association is investigating Sunderland manager David Moyes following his remark when he appeared to indicate that a BBC […]

Signup To Our Weekly e-News

"*" indicates required fields

We’ll never share your details with any third party in line with our privacy policy.