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." (179) Nonetheless, the covenant of quiet enjoyment is not a guard against interference by third parties; (180) if the source of the noise is also in the same building, the complainant can always take the business establishment to court and potentially get a preliminary injunction.
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.