Legal Disturbance
Implied Covenants in leases.
Deasy’s Act 1860 implies a number of covenants into leases on the part of landlord and tenant. They may be varied by the terms of the lease. They apply in the absence of anything to the contrary.
The provisions of the modern Residential Tenancies Acts are almost all mandatory. No variation by contract is allowed.
There are some further key implied terms and modifications of leases of buildings, contained in the modern Landlord and Tenant Act. Most of these are mandatory and cannot be varied.
They include certain key provisions including the right that the landlord’s consent is not be unreasonably withheld to alterations or changes of use.
No Legal Disturbance
The landlord gives a covenant of quiet enjoyment. Having entered into the agreement which constitutes a lease he cannot circumvent that obligation.
If a person with no right to grant a lease grants a lease and later acquires title, the lease is effectively retrospectively validated. The landlord cannot deny it on the basis of his apparent invalidity.
Once a lease or tenancy is granted, the tenant is estopped from challenging the landlord’s title to grant to the lease. The tenant may not claim that the landlord has no title or estate.
The landlord covenants that he has got title to grant the lease. He further covenants that the tenant shall have quiet and peaceable enjoyment of the premises without interruption by the landlord or any person whatever during the term. This is conditional upon the tenant complying with his obligation.
Residential Cases
It is an implied obligation on the part of the landlord under the Residential Tenancies Act that the tenant will have peaceful and exclusive occupation.
The common law remedy of distress by which landlord may take chattels from a rented property in satisfaction of the rent has been abolished in respect of dwelling houses by the Housing (Miscellaneous Provisions) Act 1992.
Scope of Quiet Enjoyment
Quiet enjoyment means quiet enjoyment in a legal sense free from claims by third parties. It is a covenant that the tenant’s possession will not be substantially interfered with by acts of the lessor or the persons claiming through him.
It does not apply to matters relating to the state and condition of the property. Peaceful and quiet enjoyment implies enjoyment free from interruption by legal proceedings.
It has been argued that the wording of Deasy’s Act extends the implied covenant for quiet enjoyment beyond the traditional understanding so as to cover breaches and abuses by others such as other tenants, against whom he may have a right to recover.