Breach of Covenant
-
98 %queries receive a response in under an hour
-
£ 200 m+assets litigated over in the last 12 months
-
330 +5* reviews on Google
-
500 +cases handled in the last 2 years
What Is a Breach of Covenant?
A Breach of Covenant occurs when a tenant violates a term they’ve covenanted (agreed) to in their lease, such as failing to pay rent or unlawfully subletting. If the lease expressly reserves the right, this breach can lead to the landlord forfeiting the lease.
What Is an Example of a Breach of Covenant?
Breaches of Covenant can be in relation to several different things, an example being a tenant making unauthorised alterations to the leased property, such as constructing a wall without the landlord’s consent. Doing so without permission violates the agreed terms in the lease, potentially leading to legal consequences like damages claims or lease forfeiture by the landlord.
Covenants Between Landlord and Tenant
Like service charge arrears, a breach of covenant can result in forfeiture of the lease if the breaches are proved and not remedied after the landlord has followed the proper process.
We regularly act for landlords dealing with breaches of covenant. We have extensive experience in court proceedings and at the Lands Tribunal. We will always offer a no win no fee option if we recommend proceedings to enforce the breach of covenant.
What Is the Time Limit for Breach of Covenant?
Legal action concerning land-related claims, including those involving restrictive covenants, must be initiated within 12 years as stipulated by the Limitation Act 1980. For breaches or potential breaches, seeking an injunction from the court is the primary recourse to halt further violations.
Restrictive Covenants or Easements Affecting Your Freehold
There may be a dispute with your neighbour about whether you are allowed to use your property in a particular way. For instance your title may be subject to a restrictive covenant against extending your property, building in your garden or erecting a fence in your garden. The law can be complex in this area and we have extensive experience in representing land owners in proceedings where covenants are in issue.
How Enforceable Are Covenants?
Restrictive covenants are typically enforceable as contractual agreements between original parties, with enforceability extending to issues like unauthorised property alterations or usage prohibitions detailed in lease agreements. Enforcement may be challenged if the covenant’s terms are ambiguous or unclear, impacting the landlord’s ability to seek damages or repossession.
Easements and Boundary Disputes
There may be a dispute about whether a right of way exists or if it can be exercised in a particular way. These disputes can escalate out of control and early expert advice is critical. Our clients have the benefit of our wide experience in dealing with these very troubling disputes.
Who Enforces a Breach of Covenant?
Enforcement of a breach of covenant is typically initiated by the landlord or property owner who stands to benefit from the covenant, as any violations directly impact them. They possess the legal authority to seek remedies through court proceedings or other legal actions to address the breach.
Outstanding Reviews from Real Business People
Key Contacts
Related FAQs
Related Experience
Outstanding Reviews from Real Business People
Contact us
People frequently tell us that we’re approachable and offer great advice.
They also tell us most solicitors are hard to get hold of whereas we’re happy to listen. The reason for this is that we value long term relationships and we’re happy to speak with business people, to invest our time in understanding your business and whatever your concerns are. Only at that point can we understand whether we’re the right people to help you.