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.

Citation
[1963] 1 QB 499
Court
Court of Appeal
Year
1963
Subject
Land Law
Topic
Leasehold covenants and forfeiture

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.

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