The Covenant for Quiet Enjoyment

WeirFoulds LLP | DECEMBER 2, 2013
Lisa Borsook

Virtually every lease contains a quiet enjoyment clause and despite the name, it has little to do with decibel levels. Rather it is a promise by a landlord to allow a tenant to use a space for the purpose for which it was leased and to not substantially interfere with that use. What amounts to substantial interference? Erecting a brick wall outside the front door? Yes. Removing all of the doors and windows? Yes. A premises with unpleasant odours? Perhaps. Cockroaches? Maybe.

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