Kenny v Preen
A landlord who tried to drive a tenant out by threatening letters and repeated knocking on her door was in breach of the covenant for quiet enjoyment.
Facts
Mrs Kenny was the tenant of a room in a house owned by Mr Preen. He wanted to get her out, and wrote her a series of letters threatening to evict her and to remove her belongings, although he had no right to do so. He also repeatedly knocked on her door and shouted threats. She sued for breach of the covenant for quiet enjoyment.
Legal principle
The Court of Appeal held that the landlord was in breach of the covenant. Pearson LJ said that a covenant for quiet enjoyment is broken by any conduct of the landlord that interferes with the tenant's freedom of action in exercising its rights as tenant, and that this need not involve direct physical interference with the premises. The landlord's deliberate and persistent attempts to drive the tenant out by intimidation and harassment were a breach of the covenant.
Related cases on leasehold covenants and forfeiture
- Akici v LR Butlin Ltd [2005] EWCA Civ 1296, [2006] 1 WLR 201
- Avonridge Property Co Ltd v Mashru [2005] UKHL 70, [2005] 1 WLR 3956
- Billson v Residential Apartments Ltd [1992] 1 AC 494
- City of London Corporation v Fell [1994] 1 AC 458
- Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1
- Duke of Westminster v Guild [1985] QB 688
- Expert Clothing Service & Sales Ltd v Hillgate House Ltd [1986] Ch 340
- Glass v Kencakes Ltd [1966] 1 QB 611
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
