HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)

Each of the leases defined the Building in the same terms as the Property has been used in this judgment and “the Property” as the relevant flat. Each of the leases contained the following covenant at Schedule 6 (Landlord’s Covenants), clause 1 (Quiet Enjoyment):

“So long as the Tenant pays the rents reserved by and complies with its obligations in this lease, the Tenant shall have quiet enjoyment of the Property without any interruption by the Landlord … except as otherwise permitted by this lease.”

The leaseholders’ case is that the water ingress and the widespread damage caused to their properties are a breach of the covenant of quiet enjoyment as are any other fire safety or structural defects . The leaseholders are entitled to claim damages for breach.