References: [1963] 1 QB 499, [1962] EWCA Civ 2, [1962] 3 WLR 1233, [1962] 3 All ER 814
Links: Bailii
Coram: Pearson, Donovan, Ormerod LJJ
Ratio: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.’
This case cites:
- Cited – Budd-Scott -v- Daniell ([1902] 2 KB 351)
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. . .
(This list may be incomplete)
This case is cited by:
- Cited – Southwark London Borough Council -v- Mills/Tanner; Baxter -v- Camden London Borough Council HL (Times 22-Oct-99, Gazette 10-Nov-99, Gazette 03-Nov-99, House of Lords, Bailii, [1999] 4 All ER 449, [2001] 1 AC 1, [1999] UKHL 40, [1999] 3 WLR 939, [1999] 3 EGLR 35, [2000] 32 HLR 148, [1999] 45 EG 179, (2000) 79 P & CR D13, [1999] EGCS 122, [2000] Env LR 112, [1999] NPC 123, [2000] L & TR 159, [2000] BLGR 138)
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 (Bailii, [2000] EWCA Civ 357, (2001) EGCS 4, (2001) LGR 228, [2001] 33 HLR 56)
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 . .
(This list may be incomplete)
Last Update: 08-Jul-16
Ref: 186078
