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ARTICLE · 25 JANUARY 2013

Quiet Enjoyment: more than just noise

Makinson d'Apice Lawyers
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It is often the case that landlords and tenants are not aware of the breadth of the quiet enjoyment right of a tenant.

AustraliaReal Estate and Construction
Chris Drayton
Chris Drayton

Summary - Although most landlords and tenants will have heard of the concept of a tenant being entitled to quiet enjoyment of leased premises, it is often the case that landlords and tenants are not aware of the breadth of the quiet enjoyment right of a tenant.

Most commercial, industrial and retail leases contain a provision pursuant to which the tenant is granted a right of quiet enjoyment of the premises subject to the tenant having complied with its obligations under the lease.

The right to quiet enjoyment is not only a right to use premises but also to enjoy the premises. Even if there is no express clause granting the tenant the right to quiet enjoyment in the lease, it is a right which has been implied into leases.

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