What constitutes a breach of the covenant for quiet enjoyment?

Saskatchewan, Canada


The following excerpt is from Y.A., Y.E., S.A. & B.A. v Regina Housing Authority, 2017 SKORT 75 (CanLII):

For an act to be considered a breach of the covenant for quiet enjoyment, the act must interfere with the regular enjoyment of the property. In McCall v. Abelesz, 1976 QB 585 at 594, Lord Denning emphasized the extension of the covenant beyond physical disturbances stating that the “covenant is not confined to direct physical interference by the landlord [but] … extends to any conduct of the landlord or his agents which interferes with the tenant’s freedom of action in exercising his rights as tenant….It covers, therefore, any acts calculated to interfere with the space or comfort of the tenant.”

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