The covenant for quiet enjoyment : a potential nuisance to lessors

Stickley, Amanda P. (1998) The covenant for quiet enjoyment : a potential nuisance to lessors. National Law Review, 8, p. 74.


Under Australian law, a tenant complaining of nuisance caused by another tenant traditionally had no recourse to the lessor unless the lessor actively participated in the nuisance. A recent Queensland Court of Appeal decision, Aussie Traveller Pty Ltd v Marklea Pty Ltd, has found that a lessor who fails to take steps to control a tenant's nuisance may be liable to other tenants for breach of the covenant of quiet enjoyment. This paper considers the recent decision in light of common law developments in Australia, England and the United States, including the American concept of constructive eviction.

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ID Code: 68104
Item Type: Journal Article
Refereed: Yes
Keywords: Leases, Nuisance
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright LawNow Ltd 2000
Deposited On: 06 Mar 2014 06:00
Last Modified: 07 Mar 2014 12:44

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