The right to quiet enjoyment is specified in all occupation contracts under the Renting Homes (Wales) Act 2016, section 54.

It is also implied in all tenancies outside the Renting Homes (Wales) Act 2016 and entitles the tenant to live in the property without disturbance from the landlord or people acting on the landlord's behalf.

Despite the name, the right to quiet enjoyment does not have anything to do with noisy neighbours! Generally, a landlord does not have the right to turn up unannounced to check on a property or occupier. It must be agreed upon beforehand where the landlord wishes to enter for a specific purpose, such as repairing a window.

Historically it has been held that a breach of the repairing covenants can also be considered a breach of the covenant of quiet enjoyment. However, for occupation contracts, this is expressly excluded by section 54.

A right of quiet enjoyment is often written into the agreement. For non-occupation contracts, the landlord can limit or widen the scope of the implied obligation or even make the covenant for quiet enjoyment conditional on the occupier complying with their duties. Where there is a covenant for quiet enjoyment written into the agreement, the occupier will be entitled to have the landlord adhere to that covenant.

Quiet Enjoyment Without Intrusion or Disturbance by Landlord

Guidance

Forms

Services

Tenancy Builder

Contact Us

Other Links

Settings