The right to quiet enjoyment: what it means for tenants

Every rented home comes with a legal right called "quiet enjoyment". The law adds this right to your tenancy on its own. It means you can live in your home in peace. No one should get in the way of that. This includes your landlord, their agents, or anyone acting for them. Below we explain what quiet enjoyment means. We look at when it is broken, and what you can do.

What is the right to quiet enjoyment?

The law puts the right to quiet enjoyment into every tenancy. It means your landlord must not get in the way of how you use and enjoy your home. The word "quiet" does not mean silent. It means peaceful. It means living in your home without being disturbed.

The right comes from two places:

• Implied covenant: Under 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?

Your landlord breaks this right when they get in the way of how you use and enjoy your home. This includes:

Entering without proper notice or consent: Your landlord must usually give you at least 24 hours' written notice before they come in. The only time they can come in without notice is a real emergency. It is a breach if they keep turning up without warning. It is also a breach if they come in while you are out, without you knowing or agreeing.

Removing services or facilities: Your landlord may cut off your gas, electricity, or water on purpose. They may lock you out. This breaks the right to quiet enjoyment. It may also be a criminal offence under the Protection from Eviction Act 1977.

Harassment: Your landlord may try to push you out of your home. They might keep phoning, sending letters, or visiting. They might make threats or try to scare you. They might take your things. They might refuse to do repairs so the home becomes hard to live in. All of these break the right to quiet enjoyment.

Major disruptive works without proper notice: Your landlord can do repairs that are needed. But they should not do big building work that makes part or all of your home unfit to live in. Not without proper notice, your agreement, or somewhere else for you to stay. If they do, this may be a breach.

Allowing interference by others: Other people may get in the way of how you live in your home. This could be building contractors, other tenants in a shared building, or the landlord's family. If your landlord lets this happen, it may also be a breach.

Quiet enjoyment and disrepair

Quiet enjoyment and housing disrepair can sometimes overlap. A landlord may hold back repairs on purpose to force you to leave. Or their failure to repair may make your home almost impossible to use. Either way, this may break the right to quiet enjoyment. It may also break their repair duties under the law.

These are separate legal causes of action. You can pursue both at the same time.

What is not a breach of quiet enjoyment?

Not every small problem or annoyance is a breach. The courts need the interference to be substantial. Here are some examples that would usually not be 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: Say clearly what is happening. Tell them it breaks your right to quiet enjoyment. Ask them to stop.

Contact the council: Local authority housing teams can look into harassment and unlawful eviction. Your landlord may be committing a criminal offence under the Protection from Eviction Act. If so, this is a matter for the council and maybe the police.

Apply for an injunction: The problem may be serious and still going on. If so, you can ask the county court for an injunction. This is a court order to make your landlord stop. In urgent cases, you can apply without telling the landlord first.

Claim damages: Your quiet enjoyment may have been breached and you may have suffered as a result. This could mean stress, having to spend time somewhere else, damaged belongings, or not being able to use part of your home. If so, you may have a claim for damages.

Quiet enjoyment versus harassment

Landlord harassment is closely linked to quiet enjoyment. The two often overlap. Some cases are serious. These can include threats, attempts to scare you, or cutting off services on purpose. For these, see our guide on landlord harassment and illegal eviction.

When should I contact Support for Tenants?

Your landlord's actions may be making your home unfit to live in. This could be through disrepair, harassment, or getting in your way on purpose. If so, call us on 0800 030 4669 to talk about your situation.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. 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?