In the 2016 case of Timothy Taylor Limited v Mayfair House Corporation Limited, the High Court considered the potential conflict of interests arising in leases under the tenant’s right to quiet enjoyment. While the lease gave the landlord the right to carry out works to the property, the landlord also had a duty to ensure that there was minimal disturbance to the tenant, who operated a high end art gallery on the ground and basement floors of the five storey premises. Whilst the tenant acknowledged that some disturbance was inevitable as a result of the works being carried out, the level of disturbance incurred was unreasonable, and resulted in the tenant having to close their business temporarily, leading to a loss of income.
The High Court took into consideration what notice of works was provided to the tenant, whether any financial compensation was offered to the tenant and whether works were for the benefit of all of the tenants, or just for the personal benefit of the landlord. As the works were for the personal benefit of the landlord, and the landlord had not provided appropriate notice or financial compensation, the High Court ruled that the tenant was entitled to damages.
In light of the above case, where landlords are intending to carry out works to their premises, advice should be sought from professionals to ensure that they are not in breach of the tenant’s right to quiet enjoyment.
If you are a tenant and feel that your landlord has breached your right to quiet enjoyment, and caused you loss, we are happy to discuss this with you and advise on what options are available to you.