Landlords sometimes conduct or permit strange and even belligerent actions on the property they rent, or to the tenants who rent their properties. This usually happens when the landlord wants the tenant to move, and the tenant refuses.
These actions by landlords became so common that courts eventually developed a rule obligating landlords to give their tenants quiet and peaceful enjoyment of the residential properties they rent.
This rule implied the existence of the obligation where it was not expressly stated in landlord-tenant agreements, however, if the obligation were expressly stated, there would be no need to imply it.
Some countries, like Guyana, have decided to make this obligation statutory, and breach of this obligation is a criminal offence.
Section 60 (1) of Guyana’s Landlord and Tenant Act, Cap 61:01, Laws of Guyana states that a landlord who disturbs a tenant’s peaceful enjoyment of property commits a summary offence and, if found guilty, is fined $32,500. The section also states some actions considered disturbances, but I will mention these when addressing ways peaceful enjoyment can be breached.
Today I will discuss what quiet and peaceable enjoyment means, why the rule was developed, ways peaceful enjoyment can be breached, and what tenants can do to stop such breaches.
What is peaceful enjoyment?
This obligation protects a tenant from anyone, particularly the actions of the landlord, his heirs, beneficiaries, or agents.
The basic idea is that the landlord is obligated by law not to interfere with, interrupt or disturb the tenant’s possession of the property during the tenancy period if the tenant pays rent as agreed.
The rule was developed because landlords, their heirs, and agents routinely interfere with, interrupt, and/or disturb tenants’ possession of property in many ways and for many reasons.
The principle established by the courts indicates that a landlord’s obligation to provide a tenant with quiet and peaceful enjoyment of the property is violated if the landlord, their beneficiaries, heirs, or agents substantially interfere with the tenant’s enjoyment of the property.
For example, suppose a landlord serves a tenant with an illegal notice to quit (a notice to move out), or otherwise tries to remove the tenant illegally. In that case, this will substantially interfere with the tenant’s enjoyment of the property. A tenant cannot enjoy the property if the landlord is trying to remove them illegally. It may not be illegal for the landlord to do these things, however, if a notice to quit was lawfully served, the tenancy has lawfully ended, and the landlord is entitled to vacant possession.
Often, landlords seeking to evict tenants who (rightly or wrongly) refuse to vacate can become rather creative. They have been known to remove parts of the property to render it uninhabitable and compel the tenant to leave. Some landlords have stripped sections of, or entire, roofs, doors, and windows. In fact, this practice was so widespread that Section 60 of the Landlord and Tenant Act explicitly prohibits these actions during a tenancy without the tenant’s consent.
Some landlords may also bang on doors and threaten tenants, which may constitute a breach of quiet and peaceable enjoyment.
Landlords have also been known to disconnect electricity, water, and, even more recently, the internet, all in the name of interfering with a tenant’s occupation.
Breaches of quiet and peaceful enjoyment do not always involve forcing a tenant to move. Sometimes, they occur through negligence or inconsideration.
A landlord may begin repairing a roof or door and leave it in a state that makes it near impossible to live in the property without being exposed to the elements. A landlord may also make excessive noise or fail to prevent some tenants from making excessive noise, which then affects the enjoyment of other tenants. A landlord may also begin renovations, which affects a tenant’s ability to leave and return to the property. While these actions will not always be breaches, they can be depending on factors such as duration and degree.
What can tenants do to protect their quiet and peaceful enjoyment?
Since disturbing peaceful enjoyment of property is a criminal offence under section 60 of the Landlord and Tenant Act, a tenant who thinks they have been wronged in this way can make a police report. If the landlord is found culpable, they can be warned to stop, or charged, tried, and fined.
A tenant can also retain an attorney to write a cease-and-desist letter to the landlord. If this fails, the tenant can retain an attorney to apply for injunctions and damages against the landlord. This can ensure the disturbance stops, and that the tenant is compensated for the disturbance.
