The Covenant for quiet enjoyment is broken in the case of interference by the lessor, or those lawfully claiming under him, not only with the title to, or possession of land, but also with the lawful enjoyment of the premises for the purposes for which they were let. Therefore where a lessor has let the premises with a particular business, for example storing paper, he would be guilty of a breach of such a covenant if he or persons lawfully claiming under him were afterwards to do anything which would render the premises unfit for storing paper generally
Judges:
Lindley LJ
Citations:
(1889) 41 Ch 88, (1889) 58 LJ Ch 392, (1889) 61 LT 60, (1889) 37 WR 545
Jurisdiction:
England and Wales
Cited by:
Cited – Lloyd v Symonds, Anderson and Lucas CA 20-Mar-1998
Appeal against injunction in nuisance to stop keeping breeding kennels. The neighbour had begun keeping the kennels, and the neighbour complained to the local Environmental Health office. Abatement notices were served, and the neighbour respondent . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 27 April 2022; Ref: scu.656226