The defendant owned a Victorian house which had been converted vertically into apartments. He let them to tenants under agreements containing the usual covenant of quiet enjoyment. One of the upper storey apartments had made use of the flat roof of the apartment below as a terrace. The terrace had been laid with tiles and when walked upon caused noise which was of considerable annoyance to the tenant of the apartment below. He sued both the landlord and the neighbour. His claim was framed in nuisance.
Held: The landlord’s appeal failed.
Eveleigh LJ said: ‘Apart from the question of common law nuisance the plaintiff’s lease contains the usual covenant for quiet enjoyment that is that the tenant may use the premises without interference by the landlord of those claiming under him. The contemplated use for which the original landlord let flat 7 to the first defendant was one which interfered with the reasonable enjoyment of the plaintiff’s flat. Consequently that landlord was, in my opinion, in breach of the covenant of quiet enjoyment. The plaintiff’s enjoyment of the demised premises was unlawfully interrupted by the first defendant, a person lawfully claiming under the lessor. The plaintiff has not pleaded the case on this basis, but it is a relevant consideration when I come to consider contribution.’
 3 All ER 710
England and Wales
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 – Coventry and Others v Lawrence and Another (No 2) SC 23-Jul-2014
Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Nuisance
Updated: 20 April 2022; Ref: scu.246063