Jenkins v Jackson: ChD 1888

Kekewich J said that the word ‘quietly’ in the covenant for quiet possession in a lease ‘does not mean undisturbed by noise. When a man is quietly in possession it has nothing whatever to do with noise . . ‘Peaceably and quietly’ means without interference – without interruption of the possession.’


Kekewich J


[1888] 40 ChD 71


England and Wales

Cited by:

CitedSouthwark 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: 06 May 2022; Ref: scu.186077