6. My neighbour causes excessive noise at night every day. My children and I cannot sleep. Can I terminate the tenancy agreement?

6. My neighbour causes excessive noise at night every day. My children and I cannot sleep. Can I terminate the tenancy agreement?

Whether or not the tenant can do so would depend on whether any breach by the landlord of its covenants in the tenancy agreement so as to entitle the tenant to early terminate the tenancy.

The landlord’s usual covenant for quiet enjoyment cannot assist the tenant, unless, very exceptionally, the neighbouring premises is also owned by the same landlord and it can be shown that the excessive noise caused by the occupant is authorised by the landlord.  The covenant for quiet enjoyment does not offer absolute protection against all forms of interference by any person during the tenancy, but only protects the tenant against interference with quiet and peaceful enjoyment of the premises by the landlord or persons deriving title from the landlord.

The remedies available to the tenant may be an injunctive relief prohibiting the neighbour from causing or permitting nuisance and a claim for monetary damages against the neighbour resulting from breach of the deed of mutual covenants or nuisance.

Of course, if the tenancy agreement has a break clause, the tenant may also rely on the break clause and early terminate the tenancy accordingly.