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Southwark LBC v Mills and others

Language: English Series: Estates Gazette ; [1998] 45 EG 151-160(10)Publication details: 1998Subject(s): Summary: CA 29 July 1998. S owns a block of flats with inadequate soundproofing. The local arbitration tribunal considered the covenant for quiet enjoyment and ordered S to carry out soundproofing works. This decision was upheld by the court. S appealed. "Held" There was not an abstract standard of quietness to which every tenant with a covenant of quiet enjoyment was entitled irrespective of the circumstances in which he executed the lease and the location of the property. Appeal allowed.

CA 29 July 1998. S owns a block of flats with inadequate soundproofing. The local arbitration tribunal considered the covenant for quiet enjoyment and ordered S to carry out soundproofing works. This decision was upheld by the court. S appealed. "Held" There was not an abstract standard of quietness to which every tenant with a covenant of quiet enjoyment was entitled irrespective of the circumstances in which he executed the lease and the location of the property. Appeal allowed.