What is the Covenant of Quiet Enjoyment, and How to Deal With Breaches
Some tenants wrongly believe that landlords can enter whenever they like because they own the property. But in reality, when the tenancy begins, tenants take possession of the property. They also have the legal right to quiet enjoyment. This law protects tenants from harassment, unlawful intrusion by property owners and others.
If you are a tenant facing repeated visits, uninformed inspections and threats of eviction after raising repair concerns, Estate Agents Ilford is here to guide you about your rights and how to respond if they are breached.
What is the Right to Quiet Enjoyment?
When a tenancy begins, tenants or leaseholders have the right to uninterrupted use, peaceful accommodation and enjoyment in their residence. The Right to Quiet Enjoyment protects tenants from unreasonable entry or excessive interference from landlords or freeholders. It is implied, even if it is not openly stated in the tenancy agreements.
Landlords or freeholders are obligated to give a proper notice before entering into the property for repairs or maintenance.
What is the Common Misconception About Quiet Enjoyment?
There is a common misconception about the right to quiet enjoyment that tenants have the right to a quiet or silent property. But it refers to an undisturbed and interference-free residential property.
According to the judgment of the 1888 case, Jenkins v Jackson, the quiet word in the tenancy agreement does not refer to noise or being free from sound. It means that tenants can live in the property peacefully.
How Right to Quiet Enjoyment Help Tenants?
If tenants understand their rights of tenancy, they can:
- Assert their landlords and letting agents for breaching their rights.
- Aware of illegal eviction pressure from landlords.
- Contact the council or court about harassment and unlawful activities.
The tenants have rights even when not mentioned in the agreement, and they have rights even if they have given notice or have rent arrears. These rights remain intact until the tenancy ends or is ended by bailiffs.
What Counts as Breach Under Right to Quiet Enjoyment?
The right to quiet enjoyment constitutes a breach if:
- Landlords or freeholders enter the property without notice or invitation
- They send agents (letting agents) or workmen for repair without informing.
- Physically blocking access or impeding the property.
- physically or verbally abusing and harassing the tenants
Landlord’s Rights Under the Right to Quiet Enjoyment
Under the Housing Act 1988, and the Landlord and Tenant Act 1985 landlord have some legal rights.
- Landlords are allowed to access the property reasonably for repairs and inspections. This term must be mentioned in the tenancy agreement to avoid disputes.
- In addition to maintenance and repairs, the landlord has the right to visit the property occasionally to check the condition of the property.
- For a reasonable purpose, landlords or their letting agents can only enter the property after giving notice at least 24 hours before the visit.
- They can visit the property at a reasonable time of the day, not whenever they want.
- There must not be any assumptions about the particular rights of the landlord on the property. It means the conditions to access the property should be mentioned in the tenancy agreement.
- The landlord is responsible for the safety and protection of the tenants. Tenants should allow them to do repairs and perform fire and gas safety checks in the property.
- For a tenant, it will be their private residence, and for landlord the property is an asset that should be assessed and monitored. A straightforward access to a rental is illegal and makes tenants uncomfortable.
Tenants’ Rights Under Quiet Enjoyment Law
Common law states that tenants have a right to quiet enjoyment. It is an implied covenant in rentals and leases in the United Kingdom for centuries.
- It means that the landlord has given the right to the tenants to live in the property without interference.
- Tenants are allowed to live in the property without any harassment or fear of unlawful evictions.
- They must be provided with prior notice when the landlord needs to visit the property in case of an inspection or repairs.
- Tenants have the right to live in the property quietly (peacefully) without any disturbance or unannounced visit from landlords or freeholders.
What Constitutes Harassment in Rights To Quiet Enjoyment
Harassment is defined legally by the Protection from Eviction Act 1977. If the behaviour of the landlord or agents makes you feel uncomfortable, giving up your rights as tenants and leaving the property before the tenancy ends is a criminal offence. It is counted as harassment.
The behaviours from the landlord can include:
- Attempt to change the locks of the property.
- Tampering with or withholding your mails and posts.
- Access property without notice and permission
- Moving your possessions and refuse to carrout y repairs and safety steps
- Threatening or intimidating behaviour.
- Threatens to evict or has evicted tenants.
- Pressure of eviction before the contract ends.
- Cutting off the supply of gas and electricity frequently.
- Demanding unlawful payments that you don’t owe.
- Harassment due to race, ethnicity, disability, nationality, sex, gender reveal, or sexual orientation, pregnancy is also considered a crime.
Harassment Due to Rent
If you owe rent, the landlord can’t harass you for it. They can contact you for the delayed or missed payment and rent arrears, but they cannot put pressure on you and threaten you. Also, they cannot appear at your home for payments if you have already informed them about issues and made it clear that you cannot pay right now.
The Legal Eviction Process
A landlord can only evict you by following three steps:
- Issue a prior notice to vacate the property.
- Obtain a court order if tenants don’t leave after notice.
- Ask the bailiffs to evict tenants after the date on the court order.
How to Handle Complaints of Breach of Quiet Enjoyment in Your Rental?
The covenant of quiet enjoyment promises that individuals can reside in a property peacefully without undue disturbance from others. It not only implies quiet enjoyment, but there are also rights to exclude individuals, have clean premises, and the right to essential services. When a breach of the quiet happens, the following steps are followed to resolve issues:
- The tenants submit a breach of quiet enjoyment complaint in writing to the property owner or housing association, and court or tribunal if required.
- It is mandatory to keep the records of interaction, harassment, or breaches. It helps to mitigate the threat of disputes and misunderstandings in future. The complaint letter should provide as many details as possible about how the breach affected their living situation.
- When the complaint is received, the landlord must promptly investigate and try to resolve the issue before it escalates.
- The landlord needs to respond to the complaint once the notice has been issued. It is their duty to take any action which creates an essential communication trial.
- The response includes informing the tenants about the steps the landlord is taking to resolve the complaint and notifying them about the estimated timeline for these steps to take place.
- If there is a significant issue that is not resolved, the tenants can withhold rent. However, it is in the landlord’s best interest to address the issue as soon as possible.
- Also, the tenants have the option of constructive eviction when all else fails for the most severe issues, like damp or mould in the home.
If the landlord does not solve the issues promptly, the court will decide on the basis of evidence and legal documents provided by both tenants and landlords. The reasons to choose a legal course may include withholding deposit after constructive eviction, a landlord seeking unpaid rent, or a tenant directly claiming a broken Right of quiet enjoyment.
Balancing the Tenants’ Rights and Landlords’ Obligations
There are two types of tenants that landlords typically face:
- First are those who allow easy access to the property and cooperate with the responsible landlords who are maintaining the property.
- The second type includes those tenants who demand their own presence when the landlord visits for repairs and inspection.
To balance the rights of tenants and the duties of landlords, they need to have a cordial relationship with their tenants. They must assess the nature of their tenants and ensure how to treat them accordingly to avoid any disputes and legal issues.
Final Thoughts
Right to Quiet Enjoyment is the fundamental right of tenants in the UK to live in their properties peacefully. They are protected from unlawful interference and entry of landlords into their homes without permission. On the other hand, landlords are allowed to access property for legitimate reasons such as repairs or inspections.
It’s the responsibility of tenants to communicate with landlords about breaches in writing and maintain all the records. Most of the issues can be solved by the landlords through dialogue or notice. Some major issues of repeated breaches may lead courts to decide legally. The balance between tenants’ rights and landlords’ obligations must be maintained for a peaceful living and lawful tenancy.
