QUIET ENJOYMENT: A Functional Landlord Covenant or a
Theoretical Concept with No Remedy for Tenants?
The right of a tenant to enjoy its premises without interference
from its landlord is unquestionably essential to any lease. At the
time of entering into a lease, it is hard to anticipate and capture
all of the instances that constitute interference. Furthermore,
landlords often specify that interference as a result of repairs
and improvements to the property or premises will not constitute a
landlord default. So where is the line drawn? To what extent does a
tenant have to suffer — and in whose opinion — for it
to be entitled to some form of remedy? These next two cases
indicate that the burden of proof is high, loss of profits may not
be enough, and a minor interference (even if major to a tenant)
will not garner a favourable finding from the court.
