‘Quiet Enjoyment’ Revisited: A landlord’s liability to a tenant for disruption caused by construction

Accessing papers

If you are logged in as a member or a registered academic, you will see a link to download the paper for FREE. The link is just above the Add to Cart button.

If you wish to purchase the paper, you must be logged in first (click here to log in, or click here to register). You will then see the Add to Cart button. You may also have a choice of preferred format if both are available - PDF download costs £3 inc VAT, printed version costs £7.50 inc postage (no VAT). Choosing one or the other changes the price displayed.

When you are ready to check out, use the 'View basket' link in the top left of the website.

Philip Britton

May 2017

A paper based on the essay awarded first prize in the Hudson essay competition 2016, presented to a meeting of the Society of Construction Law in London on 2nd May 2017

In this paper Philip Britton looks at Timothy Taylor v Mayfair House, a dispute in the Chancery Division in 2016 about redevelopment of part a prestigious building in Mayfair.  The tenant of the ground floor and basement, a modern art gallery owner, took action against the building’s landlords, complaining of the impact on the gallery of the construction project.  The legal issues concerned both the terms of the lease, which gave the landlord an apparently unqualified right to rebuild part or all of the building, and the common law protections for all tenants against landlords.  This led to the landlord’s liability and to issues about the appropriate remedy – in fact an award of damages, part of which was equivalent to a rent reduction as long as the project continued.  The paper contrasts the position in a landlord-and-tenant context with that between freeholders; it also contains examples from statutory intervention in parts of Australasia on the same issues.

Introduction – How the dispute arose – The lease terms – making sense of the lease terms – If both parties had been freeholders? – A tenant’s remedies against a landlord – Conclusions.

The author: Philip Britton llb bcl is a Senior Fellow, University of Melbourne, also Visiting Professor and former Director, Centre of Construction Law and Dispute Resolution, King’s College London: philip@linden60.co.uk

Text: 20 pages

Paper number: 
May 2017, printed and online, 675k

Our papers

The Society has published nearly 400 papers since 1984. Some are published both in hard copy and electronically (numbered), others in electronic format only (number prefixed 'D'). The hard copy papers can be purchased (except those marked with an asterisk which are no longer available). They are all also available as PDF files to download.

Those available as downloads can be accessed free by members and registered academics (students and staff) - if logged in, they will see a link to the file just above the Add to Cart button on each paper's page. Others can purchase the PDF file for a cost of £3.00. Note that this sum includes VAT, since VAT is chargeable on digital files.

For further instructions on downloading, click here. The PDF file will only open on your computer if you have Adobe Acrobat installed (to obtain a free copy, click here). To save the paper to your computer, choose the 'save' icon on the Acrobat toolbar before opening the paper.

For personal use only

The papers on this website are for use by SCL members (and those who pay for them) only, and papers may be downloaded, printed and/or otherwise retained for that purpose only by members of the SCL (and those who purchase them).  The availability of all papers past and present represents a significant benefit to members of SCL and wider dissemination of SCL papers dilutes that to the detriment of the membership.  Further and more importantly, copyright in the papers belongs jointly to the writers of the paper and to the SCL, and the SCL is not therefore in a position to provide any wider licence.  Accordingly the SCL asks members and those who purchase papers not to disseminate papers more widely than their licence allows (e.g. by posting them on internal legal resource intranet databases and the like).