Covenant for quiet enjoyment legal definition of Covenant for quiet enjoyment
Covenant for quiet enjoyment
COVENANT FOR QUIET ENJOYMENT. A covenant usually contained in a lease, by
which the lessor covenants or agrees that the tenant shall quietly enjoy the
premises leased. 11 East, 641.
2. Such a covenant is express or implied; express, when it is so
mentioned in the deed it is implied, either from the words used, or from the
conduct of the lessor. The words "grant" or "demise" are held to amount to
an implied covenant for quiet enjoyment, unless afterwards restrained by a
qualified express covenant. 1 Chit. Pr. 344.
References in periodicals archive
Thus, there is no breach of the covenant for quiet enjoyment
unless there be actual constructive eviction of the lessee.
Timothy Taylor Limited succeeded in its claim, with a finding that the manner in which the landlord has been carrying out refurbishment works at Carlos Place was in breach of its covenant for quiet enjoyment
under the terms of the gallerys lease.
Failure to do this will amount to a serious breach of the Landlords' Covenant for quiet enjoyment
Landlords should also check leases to see whether the tenant could argue that the proposed works amount to a breach of the landlord's covenant for quiet enjoyment