16641 Lecture Notes - Lecture 1: Nuisance, Escort Agency
Document Summary
[11. 44] there is substantial overlap between the covenant for quiet enjoyment and the covenant for non-derogation from the grant. Generally, acts that prejudice the fulfilment of the purposes of the lease will also constitute a breach of the covenant for quiet enjoyment. A landlord"s knowledge of the tenants purpose is determined in light of all circumstances of which the landlord was aware at the time of the grant of the lease. Landlord leased 3rd floor of building to a computer company. He then consented to an assignment of the lease for the 4th floor to an escort agency. The tenants of level 3 complained to the landlord about the use being made of level 4, including unsavoury smells, constant showers running, the use of whips and occasional moaning". There was also urine and vomit in the lobby constantly due to no lock.
