The scope of the landlord’s covenant for quiet enjoyment is limited by the fact that the owner of land adjoining the demised premises (which did not belong to the lessor at the date of the lease) might build on it at any time so as to interfere with the draught from the lessee’s chimneys. Section 11 of the 1881 Act: ‘in no way alters the old law as to the class of covenants the burden of which will run with the reversion.’
Cozens-Hardy LJ
[1903] 1 Ch 797, [1903] UKLawRpCh 60
Commonlii
Conveyancing Act 1881 11
England and Wales
Cited by:
Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 December 2021; Ref: scu.263188