Landlord and Tenant - Landlord's Right of Entry

Most leases contain a clause which allows the landlord a right of entry to the let premises for a variety of purposes and also contain clauses which require the landlord to exercise this right in a reasonable way, to limit inconvenience to the tenant and to make good any damage caused. The courts tend to interpret such clauses in terms of what is reasonable given all the facts.

In a recent case, a landlord wished to enter warehouse premises in order to carry out a survey (a permitted purpose under the lease), which would involve digging 13 bore holes, all to a depth of five metres or more. Needless to say, the tenant did not wish this to take place and contested it in court. Oddly, the lease did not contain any specific provision to compensate the tenant for disturbing its right to 'quiet enjoyment' of the premises.

The court concluded that the proposed survey was a more substantial exercise than one would anticipate from the ordinary dictionary definition of the word and would interfere with the tenant's quiet enjoyment of the premises. To adopt the landlord's interpretation of the lease would allow it to undertake prospecting if it so wished - clearly not what was intended when the lease was signed.

If you have problems with your landlord or tenant, contact us for advice.

Partner Note
Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295. www.bailii.org/ew/cases/EWHC/QB/2009/295.htm.

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