Rachel Thomasen is associate in Holland &
Knight's
London office
In the course of an aircraft lease negotiation, the lessee will
typically seek to ensure that the lessor provides an express
covenant to the lessee that for so long as no default has occurred
and is continuing under the lease, the lessor will not disturb the
lessee's quiet use, possession and enjoyment of the aircraft.
Some lessee's go further and press for lessor to covenant as to
itself as well as any person claiming through the lessor (such as
the lessor's financier, the owner — if different from the
lessor — or an assignee or transferee of the lessor).
However, should the lessor ultimately be responsible for
ensuring that a third party lawfully claiming through it respects
the lessee's right to "quiet enjoyment?" Does the
fact that such person has provided a quiet enjoyment covenant
directly to the lessee absolve the lessor of the obligation to
ensure that such third party respects the lessee's
