What is peaceful enjoyment, and what happens when it is interfered with?
Short answer
In NL a landlord must not unreasonably interfere with a tenant's reasonable privacy and peaceful enjoyment, nor a tenant with the landlord's or other tenants' (Statutory Condition 7); either may end the tenancy early for it.
Statutory Condition 7 works both ways. The landlord must not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment of the premises, a common area or the property they are part of (7(b)); the tenant must not unreasonably interfere with the rights and reasonable privacy of the landlord or other tenants (7(a)). If a tenant contravenes it, the landlord may give notice ending the tenancy on a date not less than 5 days after it is served (s.24). If a landlord contravenes it, the tenant may give notice ending the tenancy on a date not less than 5 and not more than 14 days after it is served (s.23). The Act does not define the phrase. Residential Tenancies Policy 07-005 describes it as an ongoing unreasonable disturbance outside normal everyday living, such as excessive noise, aggressive behaviour, threats or harassment, and says a tenancy cannot be ended over noise neither party controls, such as a nearby night club or neighbours. Either side may also apply to the director for an order, including compensation (s.42, s.47).
- Where this comes from
- Section 10, Statutory Condition 7; Sections 23 and 24; Residential Tenancies Policy 07-005, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed