As A Tenant You Have The Right To ‘Quiet Enjoyment’
As a tenant, you have the right to ‘quiet enjoyment’ in your rental property
In this article we will:
- discuss what ‘quiet enjoyment’ means,
- discuss what ‘lawful interruption’ means,
- answer whether a landlord can trespass on property you’re renting,
- answer if a landlord can enter your property without your permission,
- answer if a landlord can send workmen to the property without your permission,
- discuss how your landlord failing to perform basic repairs breaches your rights,
- and show how breaching your rights could be a criminal offence.
The term ‘quiet enjoyment’ is implied into all tenancies even though it may not actually be written down in the tenancy agreement.
Tenants have the right to quiet enjoyment “without any lawful interruption” by the landlord.
This means that the landlord can carry out inspections or repairs relating to the tenancy agreement.
However, the landlord cannot do anything unlawful such as trespassing onto the tenants rental property, or stop/withdraw services that the landlord has to provide.
Is the landlord breaching my rights if they enter without my permission?
Yes - the landlord will breach your rights of quiet enjoyment if they enter the property without the permission of the tenant.
Additionally, if the landlord sends workmen in without asking for your permission, this too is a breach of your rights to ‘quiet enjoyment’.
Do you enjoy your home?
The landlord is also breaching your rights to ‘quiet enjoyment’ if they prevent the tenant ‘enjoying’ their use of living in the property.
What does that mean?
Well if your landlord is failing to carry out essential repairs or cuts off a supply of services to the property which prevents your quiet enjoyment of the property, then they’re breaching your rights.
But quiet enjoyment goes even further.
Breach of the covenant of quiet enjoyment generally implies harassment and under the Protection from Eviction Act 1977.
This is a criminal offence.
Here’s a link to the legislation you might need to show your landlord: Protection from Eviction Act 1977