Obligations Implied on Behalf of the Landlord
If a covenant for quiet enjoyment of the property is not expressly given in the lease, then one will be implied. The express covenant is usually qualified to extend to the unlawful acts of the landlord, or the lawful acts of anyone claiming through him. The implied covenant is similarly qualified. It will not therefore apply to an interruption in enjoyment by anyone with a superior title to the landlord, such as a headlessor as regards the lease of a subtenant as in Celsteel Ltd. v. Altan House Holdings Ltd. (No.2) (1986)1, unless the wording of an express covenant is made to cover a head lessor specifically, as it was held to do in Queensway Marketing Ltd. v. Associated Restaurants Ltd. (1984).2
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