| Focus: |
Quiet enjoyment and the rights and responsibilites for tenants
and landlords |
| Services: |
Property & projects |
| Industry Focus: |
Property |
Most leases, whether commercial, industrial or retail, will
include a covenant for 'quiet enjoyment'. Even if no such
covenant is stipulated in the lease, this right would still be
implied by law. But what does quiet enjoyment in fact mean?
What does quiet enjoyment mean?
Under a lease, a landlord grants a tenant exclusive use and
occupation of the leased premises subject to the terms of the lease
and any rights expressly reserved by the landlord. However, the
tenant may not be able to fully enjoy its use of the premises if
the landlord unreasonably interferes with that use. Accordingly,
the Courts developed a doctrine under the common law, whereby
landlords are under an implied obligation to allow their tenants
'quiet enjoyment'. This means that the landlord must not
only ensure that the tenant
