Tenant's Right To Quiet Enjoyment – How Far Does it Go?

The right of a tenant to peacefully enjoy its premises without interference from a landlord arises at law and is clearly seen from an old English case where the court held that “the basis of it is that the landlord, by letting the premises confers on the tenant the right of possession during the term and impliedly promises not to interfere with the tenant’s exercise and use of that right to possession during the term.”

In Ontario, the common law position has been codified in section 23(1), paragraph 1 of The Conveyancing and Law of Property Act. However, if the lease contains an express covenant for quiet enjoyment, it will supersede the implied covenant.

The question that usually arises is what constitutes an interference with that right to enjoy its premises resulting in a claim for breach by the landlord? Typically the lease clause for quiet enjoyment is qualified by limiting it to interference by the landlord or those claiming through the landlord (and not third parties such as other tenants or mortgagees). Further, it is enforceable so long as the tenant is not in default under the lease and it is typically subject to the lease terms that allow for the landlord to enter or make repairs or improvements to the property which may cause some interference.

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