Scope of the Covenant and What Constitutes Breach
Implied into every tenancy at common law; expressly implied in residential tenancies (s.11 LTA 1985; Renters' Rights Act 2025 framework). Substantial interference required: trivial or transient interference insufficient (Southwark LBC v Mills [2001] HL, landlord's acts of selling flats above the tenant with consequent noise and vibration did not breach the covenant because the tenancy was granted with knowledge of the noise). Physical interference: unlawful entry (without consent; without 24 hours' written notice for residential inspections under s.11 LTA 1985); cutting gas, electricity, or water supplied through the landlord's retained property (Perera v Vandiyar [1953] CA); removing fixtures; carrying out seriously disruptive works to retained parts. Legal interference: serving invalid notices; asserting non-existent rights; threatening possession. Agents included: the covenant binds anyone acting under the landlord's authority; managing agents, contractors, successors in title. Third parties through the landlord: interference by adjoining tenants of the same landlord, or contractors employed by the landlord, can breach the covenant if the landlord fails to control them. Independent third parties: the landlord is not liable for interference by strangers acting without the landlord's authority.
Remedies and Relationship with Derogation from Grant
Remedies: general damages (loss of use; business disruption; relocation costs; consequential losses); Housing Act 1988 ss.27-28 enhanced damages for residential unlawful eviction, the difference between the value of the property with and without the tenancy (potentially the landlord's entire financial gain from the eviction); injunction to restrain continuing breach; in extreme cases, repudiation giving the tenant a right to claim full loss of bargain. Residential: Protection from Eviction Act 1977 s.1, unlawful deprivation of occupation or persistent harassment = criminal offence; ss.27-28 HA 1988 = statutory enhanced civil damages. Commercial: no PEA 1977 protection; general damages and injunction are the primary remedies; right of set-off against rent may be excluded by the commercial lease. Derogation from grant: related but distinct; the landlord must not use retained land in a way that renders the grant substantially less beneficial to the tenant (Aldin v Latimer Clark, Muirhead & Co [1894]); protects the tenant's ability to use the premises for the purpose for which they were let; commonly overlaps with quiet enjoyment but is conceptually distinct. Scotland: covenant for quiet enjoyment implied in Scots law leases; similar principles; criminal law on harassment and unlawful eviction applies separately.