In many countries there is an implied obligation (which is typically also added as an express obligation within the lease) that the landlord leasing to a tenant will not interfere with the tenant’s use and enjoyment of the property, known as the tenant’s right to “quiet enjoyment”. On the other hand, a landlord will also generally have an obligation to repair the building and, provided the same is reserved within the lease, a right to develop its property. In the case of a conflict between these rights, whose rights prevail: the tenant’s or the landlord’s?
In a recent High Court case in England, the court addressed the delicate balance between exercise by a landlord of its reservation to develop its property and a tenant’s right for quiet enjoyment. In that case, the landlord embarked on property improvements requiring temporary structures, worker access, and noise which the tenant claimed negatively impacted his business in the contiguous leased premises. Examining the evidence, the court found the landlord’s actions did, in fact, impinge upon the tenant’s right to use and enjoyment of the premises, and assessed damages against the landlord for its breach of lease. The court held the landlord has an obligation to take all “reasonable steps to minimise the disturbance to the tenant” and the case provides guidance for landlords in England who are looking to undertake work on leased premises.
Regardless of your jurisdiction, there are laws and best practices governing work impacting leased property in both residential and commercial contexts. If you are considering work on or around leased premises, or if you are being negatively impacted by work on or around your leased property, consult an Ally Law member firm attorney to determine your rights and obligations. Ally Law member firms have property, real estate, and contract attorneys with deep experience in landlord/tenant law and other laws applicable to property rights. For more information about our services in this area, contact us at yourally@ally-law.com.
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By Brynna Baye of Edwin Coe.
