Covenants in Leases
SEMINAR 12: COVENANTS IN LEASES
Leasehold covenants are contractual obligations contained in leases, between the landlord and the tenant. There are generally 3 types:
• those implied at common law in every lease, subject to contrary provision
• those implied by statute, even in the face of contrary provision
• those that are the result of the parties’ express agreement to that effect.
A) IMPLIED COVENANTS
I) BY LANDLORD
A) QUIET ENJOYMENT:
Every lease contains an IMPLIED COVENANT that the landlord will provide the tenant with quiet enjoyment of the property – meaning he will not interfere with the tenant’s possession of the property (NOT NOISE!!), and if he does it will give the tenant grounds to redress.
Southwark LBC v Mills [2001]: Lord Millet: “the covenant for quiet enjoyment is broken if the landlord or someone claiming under him does anything that substantially interferes with the tenant’s title to or possession of the demised premises or with his ordinary and lawful enjoyment of the demised premises.”
=>tenants of flats that lacked sufficient sound insulation complained they could hear everyday sounds made by residents of neighbouring flats.
=> Held: the covenant could include excessive noise. However, THE COVENANT ONLY COVERED PROSPECTIVE ACTS, AND NOT ACTS DONE PRIOR TO THE TENANCY BEING GRANTED. Therefore, in this case, the lack of sound proofing during the building of the properties (before they moved in) did not result in a breach of the covenant of quiet enjoyment.
Kenny v Preen [1963]: fucked up Llord served notice to quite to old woman banged on her windows + other threatening behaviour.
Held = a breach of the covenant (now is covered fro Protection of Eviction Act 1977). The court granted an injunction to restrain the landlord from continuing to threaten the tenant, and from breaching the covenant of quiet enjoyment.
Pearson L.J: the actions of the landlord constituted to an “invasion of her rights as tenant to
Leasehold covenants are contractual obligations contained in leases, between the landlord and the tenant. There are generally 3 types:
• those implied at common law in every lease, subject to contrary provision
• those implied by statute, even in the face of contrary provision
• those that are the result of the parties’ express agreement to that effect.
A) IMPLIED COVENANTS
I) BY LANDLORD
A) QUIET ENJOYMENT:
Every lease contains an IMPLIED COVENANT that the landlord will provide the tenant with quiet enjoyment of the property – meaning he will not interfere with the tenant’s possession of the property (NOT NOISE!!), and if he does it will give the tenant grounds to redress.
Southwark LBC v Mills [2001]: Lord Millet: “the covenant for quiet enjoyment is broken if the landlord or someone claiming under him does anything that substantially interferes with the tenant’s title to or possession of the demised premises or with his ordinary and lawful enjoyment of the demised premises.”
=>tenants of flats that lacked sufficient sound insulation complained they could hear everyday sounds made by residents of neighbouring flats.
=> Held: the covenant could include excessive noise. However, THE COVENANT ONLY COVERED PROSPECTIVE ACTS, AND NOT ACTS DONE PRIOR TO THE TENANCY BEING GRANTED. Therefore, in this case, the lack of sound proofing during the building of the properties (before they moved in) did not result in a breach of the covenant of quiet enjoyment.
Kenny v Preen [1963]: fucked up Llord served notice to quite to old woman banged on her windows + other threatening behaviour.
Held = a breach of the covenant (now is covered fro Protection of Eviction Act 1977). The court granted an injunction to restrain the landlord from continuing to threaten the tenant, and from breaching the covenant of quiet enjoyment.
Pearson L.J: the actions of the landlord constituted to an “invasion of her rights as tenant to