CapEx Properties


What Is Meant By The Term “Covenant Of Quiet Enjoyment”

When it comes to rules and regulations, there’s a lot that landlords in the UK need to keep in mind, and it isn’t surprising that here at CapEx Properties, we often encounter some confusion, especially when it comes to their right to access the property.

After all, legally, a landlord is held responsible for repairs and safety, and they can be hit with financial penalties if they fail to comply. But if they enter their property without permission from the tenant, they may end up being sued for trespassing and breaching their tenant’s rights under the “Covenant Of Quiet Enjoyment”. Here, we take a closer look at this covenant and what it means for both landlords and tenants alike.

What Are The Rights Of The Tenant?

Tenants legally are entitled to “Quiet Enjoyment” of their rental property. This covenant has been implied or expressed in leases and conveyances for centuries. Essentially, it means that landlords must allow their tenants to reside in their property with no undue interference. The term “quiet enjoyment” is frequently misunderstood and misinterpreted. As long ago as 1888, landlords were confused by the use of the word “quietly” in this context. In the case of a tenant’s rights, “quietly” simply means “without interrupting their possession of the property” rather than “without noise disturbances”. In brief, it means the tenant is entitled to live at the property peacefully without the landlord (or anybody who acts on their behalf) disturbing them.

What Are The Rights Of The Landlord?

The 1988 Housing Act and the 1985 Landlord and Tenant Act both state that all tenancy agreements should have a covenant stating that tenants are required to give the landlord reasonable access to carry out repairs on the property. Landlords are also legally entitled to view their property’s condition as long as they give at least 24 hours’ notice about the visit in writing and only access the property during “reasonable” hours.

Achieving The Right Balance

Landlords in the UK generally experience two kinds of tenants – ones who are happy to allow them to access the property without any issues and who are happy their landlord is actively maintaining their property and ones who demand that they’re present during any inspection or maintenance visits. As the landlord, it’s down to them to determine the best way to work with their individual tenants and to forge a positive relationship with them. Although it can be difficult to balance their legal obligations as a landlord with their tenants’ rights under the “Covenant of Quiet Enjoyment”, it’s entirely possible to manage the situation effectively if both parties can adopt some pragmatism and mutual respect. When you work with the CapEx Properties, we’re happy to assist when there are communication issues between Landlords and tenants, if necessary and endeavour to ensure that everyone remains compliant with their legal obligations at all times.

Get in touch with us today by giving us a call on +442039898010. We’re looking forward to working with you.

How to invest in property in the UK

So, is the UK good for property investment? Yes, resoundingly so. Investing in UK property can be extremely attractive to foreign investors. Rental demand in the UK is inordinately high and outstrips supply year on year, as the country cannot build the required number of new homes that it needs, to service the population. As a result, historical capital appreciation has been as much as double digits, year after year, so the right investment in the right area, certainly can produce a healthy, long term capital gain. 

A market as fast and competitive as this one can be difficult to navigate especially as a foreigner buying property in the UK. So, whether you are relocating to London or planning to invest in a buy to let property, CapEx Properties is top of its class when it comes to assisting you in making a sound investment with good solid returns. 

If you are interested in procuring a property investment in the UK, you can contact us by completing our contact form. An expert broker will get back to you within 24 hours to talk about your needs and specifications. CapEx Properties offers a tailor-made experience to avoid the worry and stress of navigating the UK property market and endeavours to find you the best property investment in the UK. CapEx Properties has helped countless foreign clients find their ideal property and we pledge to do the same for you. 

About Us

CapEx Properties is an independently owned property search/buying agency, assisting international clients with the search & acquisition of UK properties.

Contact Details

CapEx Investment Properties Limited trading as Capex Properties is a company registered in England and Wales. Registration number 13324508.
Registered address: 128 City Road, London, EC1V 2NX, UK.