Quiet Enjoyment – A Landlord’s Perspective

'Quiet enjoyment' might constitute your plans for the weekend after a busy week, but it is also an express covenant that appears in most retail, commercial, industrial or residential leases to protect a tenant’s right to use the property without unreasonable landlord interference. Even if a lease is silent on this matter, it is still commonly implied unless the lease expressly excludes it.

For landlords, particularly those operating major shopping centres and large commercial assets, quiet enjoyment is often misunderstood as a tenant-only right and overlook how much it actually limits or affects their own actions. In reality, it is a recurring source of dispute, particularly where works, asset upgrades, centre management activities and other competing occupier interests are unavoidable.