The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord had to use all possible resources to avoid interruption of the tenant’s business, or only make reasonable attempts to do so.
Held: This particular covenant for quiet enjoyment was qualified. The covenant for quiet enjoyment is not a guarantee against all disturbance: it guarantees against disturbance only of that which is demised, and the demise includes the lessor’s obligation to use its reasonable endeavours to keep the building in repair. As to the interprtetation of conflicting words in a contract: ‘It is axiomatic that where the provisions of any contract, including a lease, come into conflict, they are to be interpreted and applied so as to give proper effect, if possible, to both of them.’ Appeal dismissed.
Lord Justice Sedley, Lord Justice Rix
[2003] 2 P and CR 1, [2003] EWCA Civ 49, Gazette 03-Apr-2003
Bailii
England and Wales
Citing:
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 . .
Cited – Saner v Bilton ChD 22-Jan-1878
In a lease of a newly constructed grain warehouse there was a covenant by the lessor that he would during the term ‘ keep the main walls and main timbers of the warehouse ‘in good repair and condition.’ The lessee entered under the lease and stored . .
Cited – Lyttelton Times Company Ltd v Warners Ltd PC 1906
(New Zealand) The plaintiffs owned a hotel in Christchurch, next to the premises in which the defendants operated a printing press running 24 hours. They made an agreement under which the defendants would rebuild their premises and grant a lease of . .
Cited – Owen v Gadd CA 1956
The lessors had let a ground floor shop to the lessee. To repair to the first floor, they erected scaffolding. They did what they could to minimise inconvenience to the lessee. They completed the repairs within a fortnight. The scaffolding hindered, . .
Cited by:
Cited – Taylor v Rive Droite Music Ltd ChD 6-Jul-2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 27 January 2022; Ref: scu.178792