Breach of Covenant

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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.

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"This is a fantastic little firm who go and beyond to support you. I was successful in a previous litigation. The tenacity and effort was tremendous from everyone there. There's an enormous amount of business acumen. On previous advice, a pragmatic approach taken, I was so grateful that it led me to apply my own commonsense in doing the right thing, even if it was to not take up further dispute. Really smart people and outstanding service!!!"
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I dealt with Fiona on a HMO issue and dispute i was having with a tenant. Many other companies had said they were too busy or couldn't have been less interested. I then came across Fiona who was unbelievably helpful from the get go and gave such useful advice. Within an hour of my enquiry she had got in touch. She followed up immediately with an email following our call. 5* service. I will definitely be using her services again in the future.
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Excellent service in dealing with landlords section 21 order's.. put my mind at ease very professional I would highly recommend using this Law Firm they know what they are doing and act very promptly.
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Laura at Helix Law has been so incredibly helpful with an enquiry I had. She has so much knowledge and explains things in detail, however in a way I could easily understand. I would highly recommend to anyone. Thanks Laura.
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Bianca O'Donnell and Alex Cook recently provided me with professional legal property advice. There were significant financial repercussions had it gone wrong. Their 'Stay Calm' approach and methodical dissection of key issues was most impressive. They dealt quickly and efficiently to the last minute, providing clear advice on a potential breach of contract. Helix Law and legal advice go hand-in-hand. Helix Law have previously provided advice in various business matters over the years. They are an invaluable resource. Thank you Bianca and Alex!
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Key Contacts

Alex Cook
Solicitor
0345 314 2044
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Laura Albon
Solicitor
0345 314 2044
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People frequently tell us that we’re approachable and offer great advice.
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Outstanding Reviews from Real Business People

"This is a fantastic little firm who go and beyond to support you. I was successful in a previous litigation. The tenacity and effort was tremendous from everyone there. There's an enormous amount of business acumen. On previous advice, a pragmatic approach taken, I was so grateful that it led me to apply my own commonsense in doing the right thing, even if it was to not take up further dispute. Really smart people and outstanding service!!!"
Google Review
I dealt with Fiona on a HMO issue and dispute i was having with a tenant. Many other companies had said they were too busy or couldn't have been less interested. I then came across Fiona who was unbelievably helpful from the get go and gave such useful advice. Within an hour of my enquiry she had got in touch. She followed up immediately with an email following our call. 5* service. I will definitely be using her services again in the future.
Google Review
Excellent service in dealing with landlords section 21 order's.. put my mind at ease very professional I would highly recommend using this Law Firm they know what they are doing and act very promptly.
Google Review
Laura at Helix Law has been so incredibly helpful with an enquiry I had. She has so much knowledge and explains things in detail, however in a way I could easily understand. I would highly recommend to anyone. Thanks Laura.
Google Review
Bianca O'Donnell and Alex Cook recently provided me with professional legal property advice. There were significant financial repercussions had it gone wrong. Their 'Stay Calm' approach and methodical dissection of key issues was most impressive. They dealt quickly and efficiently to the last minute, providing clear advice on a potential breach of contract. Helix Law and legal advice go hand-in-hand. Helix Law have previously provided advice in various business matters over the years. They are an invaluable resource. Thank you Bianca and Alex!
Google Review

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