Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Southwark LBC v Mills

301 words (2 pages) Case Summary

12 Oct 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Southwark LBC v Mills [1999] 3 WLR 939

Landlord and tenant; whether poor soundproofing amounted to breach of covenant for quiet enjoyment

Facts

Mills was a tenant in a council flat which was built in 1919 and owned by Southwark LBC. Mills complained under a provision within the tenancy agreement that the noise insulation between the flats was wholly inadequate as against normal use of the premises. Mills sought an order that the ineffective insulation amounted to a breach of covenant for quiet enjoyment, and therefore, specific works should be conducted to remedy this.

Issues

Mills argued any act or omission which amounted to a substantial interference with the quiet enjoyment of the leasehold premises would amount to a breach of covenant under the rule in Sanderson v Berwick-upon-Tweed Corporation (1884) 13 QBD 547. The ineffective insulation and the consequent noise prevented Mills from enjoying the full benefit of possession, and amounted to a breach of covenant. Southwark LBC contended there is no breach of covenant for quiet enjoyment where the only remedy is to conduct works on the leasehold premises. To constitute a breach of covenant of quiet enjoyment, there must be a direct and physical interference with the land and mere annoyance is insufficient.

Decision/Outcome

A covenant for quiet enjoyment is one under which the landlord covenants not to substantially interfere with the tenant’s lawful possession of the premises. Frequent excessive noise was capable of amounting to such interference, but the covenant was prospective in nature, and could not apply to conditions which were in place prior to the grant of the lease. The noise was caused by structural defects which were present at the time of the grant and must have been in the contemplation of the parties and the council could not, therefore, be held to have been in breach of covenant.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report