The right to quiet enjoyment: what it means for tenants

Every rented home comes with an implied legal term that you have the right to "quiet enjoyment" of the property. This right protects you from interference with your occupation of your home, whether that interference comes from your landlord, their agents, or others acting with their authority. Below we look at what quiet enjoyment means, when it is breached, and what you can do about it.

What is the right to quiet enjoyment?

The right to quiet enjoyment is implied into every tenancy as a matter of law. It means that your landlord must not substantially interfere with your use and enjoyment of the property. Despite the name, "quiet" does not mean silent, it refers to peaceful, undisturbed possession.

The right comes from two sources:

• Implied covenant: At common law, every tenancy includes an implied covenant for quiet enjoyment from the landlord
• Statute: The Protection from Eviction Act 1977 makes it a criminal offence for a landlord to unlawfully deprive or attempt to deprive a residential occupier of their home, or to harass them with intent to cause them to leave

What counts as a breach of quiet enjoyment?

A landlord breaches the right to quiet enjoyment when they substantially interfere with your use and enjoyment of your home. This includes:

Entering without proper notice or consent: Your landlord must generally give at least 24 hours' written notice before entering your home (except in a genuine emergency). Repeated unannounced entries, or entering while you are out without your knowledge or consent, are a breach.

Removing services or facilities: If your landlord deliberately cuts off gas, electricity, water, or locks you out, this is both a breach of quiet enjoyment and potentially a criminal offence under the Protection from Eviction Act 1977.

Harassment: Persistent phone calls, letters, or visits intended to pressure you to leave, threats, intimidation, removing your belongings, or refusing to carry out repairs as a tactic to make the property uninhabitable all breach the right to quiet enjoyment.

Major disruptive works without proper notice: A landlord can carry out necessary repairs, but extensive building work that makes part or all of the property uninhabitable, without proper notice, agreement, or alternative accommodation, may breach quiet enjoyment.

Allowing interference by others: If your landlord allows other people (such as building contractors, other tenants in a shared building, or the landlord's family) to interfere substantially with your occupation, this may also be a breach.

Quiet enjoyment and disrepair

There is sometimes an overlap between quiet enjoyment and housing disrepair. A landlord who deliberately withholds repairs to force a tenant to leave, or whose failure to repair makes the property effectively unusable, may be breaching the right to quiet enjoyment as well as their statutory repair obligations.

These are separate legal causes of action, and both can be pursued alongside each other.

What is not a breach of quiet enjoyment?

Not every inconvenience or annoyance is a breach. Courts require the interference to be substantial. Examples that would generally not amount to a breach:

• A single unannounced visit that caused no real harm
• Minor repair work carried out with reasonable notice
• Noise from construction in the building that the landlord cannot control

What can you do if your quiet enjoyment is being breached?

Write to your landlord: State clearly what is happening, that it constitutes a breach of your right to quiet enjoyment, and demand it stops.

Contact the council: Local authority housing teams have powers to investigate harassment and unlawful eviction. If your landlord is committing a criminal offence under the Protection from Eviction Act, this is a matter for the council and potentially the police.

Apply for an injunction: If the interference is serious and ongoing, you can apply to the county court for an injunction preventing your landlord from continuing the behaviour. In urgent cases, you can apply without notice to the landlord.

Claim damages: If your quiet enjoyment has been breached and you have suffered loss, stress, having to spend time elsewhere, damaged belongings, inability to use part of your home, you may have a claim for damages.

Quiet enjoyment versus harassment

Landlord harassment is closely related to quiet enjoyment, and the two often overlap. For serious cases of harassment, including threats, intimidation, or deliberate removal of services, see our guide on landlord harassment and illegal eviction.

When should I contact Support for Tenants?

If your landlord's actions are making your home uninhabitable, through disrepair, harassment, or deliberate interference, call us on 0800 030 4669 to discuss your situation.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Protection from Eviction Act 1977 (legislation.gov.uk)

Related articles

• Landlord harassment and illegal eviction
• Can my landlord enter my flat without permission?
• How to read your tenancy agreement
• Can I be evicted for complaining?