A landlord’s threats to evict the tenant, accompanied by repeated shouting and knocking on her door, was held to be a breach of his covenant for quiet enjoyment. The court explained that ‘the word ‘enjoy’ used in this connection is a translation of the Latin word ‘fruor’ and refers to the exercise and use of the right and having the full benefit of it, rather than to deriving pleasure from it.’
Judges:
Pearson, Donovan, Ormerod LJJ
Citations:
[1963] 1 QB 499, [1962] EWCA Civ 2, [1962] 3 WLR 1233, [1962] 3 All ER 814
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Budd-Scott v Daniell 1902
The plaintiff had let a furnished house to the defendant for a year. Fom the outset the plaintiff was under a statutory obligation to paint the outside of the house during that year. In default, the statutory authority was empowered to do the work. . .
Cited by:
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 – Mowan v London Borough of Wandsworth and Another CA 21-Dec-2000
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 08 June 2022; Ref: scu.186078