Breach of terms of commercial lease by Landlord.
Discussion
I know, take paid legal advice etc...
Having got that out of the way, and talking hypothetically.
If a 1st floor commercial premises is leased out with the usual terms of being left free and undisturbed during the working day, then the landlord begins using the ground floor premises increasingly frequently in a way that prevents the first floor tenant carrying out there business, is the only option available to the tenant to serve notice that they wish to quit? Or can the landlord be forced to comply with the terms of the lease?
Situation is rented office premises over a social club. At inception of the lease the tenant assured that the club will not be used during working hours save for occasional buffet teas following a funeral, perhaps 4 times a year. These were not explicitly stated in the lease, which guarantees the tenant exclusive use. Landlord subsequently passes ownership of premises to new chairman.
Under new management of the club "funeral teas" are becoming more like four a month and are all-afternoon drinking sessions and very loud. There is no meaningful soundproofing between the premises such that tenant has to apologise to clients on the phone for the background noise.
Any thoughts?
Having got that out of the way, and talking hypothetically.
If a 1st floor commercial premises is leased out with the usual terms of being left free and undisturbed during the working day, then the landlord begins using the ground floor premises increasingly frequently in a way that prevents the first floor tenant carrying out there business, is the only option available to the tenant to serve notice that they wish to quit? Or can the landlord be forced to comply with the terms of the lease?
Situation is rented office premises over a social club. At inception of the lease the tenant assured that the club will not be used during working hours save for occasional buffet teas following a funeral, perhaps 4 times a year. These were not explicitly stated in the lease, which guarantees the tenant exclusive use. Landlord subsequently passes ownership of premises to new chairman.
Under new management of the club "funeral teas" are becoming more like four a month and are all-afternoon drinking sessions and very loud. There is no meaningful soundproofing between the premises such that tenant has to apologise to clients on the phone for the background noise.
Any thoughts?
It's a breach of the (usual) covenant for 'quiet enjoyment' of the premises leased. Check the lease agreement to make sure there is such a clause. If there is then get a solicitor to write a polite letter referring to the clauses, your earlier conversation (or letter relating to the conversation, if it was recorded) and see what happens.
Johnniem said:
It's a breach of the (usual) covenant for 'quiet enjoyment' of the premises leased. Check the lease agreement to make sure there is such a clause. If there is then get a solicitor to write a polite letter referring to the clauses, your earlier conversation (or letter relating to the conversation, if it was recorded) and see what happens.
Agreed. Every case is judged individually but in principle persistent noise can be a breach of the quiet enjoyment covenant and the usual remedy for that is an injunction. Although the wording refers to "quiet" enjoyment the test is actually connected with use. If the noise/disturbance etc prevents the property being used in accordance with the lease then it will amount to a breach and noise is only one of the circumstances which can give the tenant a right of action.As the OP sort of hints at, it is the terms of the lease that are important. So negotiations leading up to the lease may have said the club wouldn't be used during the day etc but unless that is in the lease it cannot be enforced.
Having said that as mentioned by others there should be a quiet enjoyment clause.
Having said that as mentioned by others there should be a quiet enjoyment clause.
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