Breach of Covenant

What is a Breach of Covenant?

A Breach of Covenant is when a tenant does something they have agreed (covenanted) not to do, or to do. This includes failing to pay rent by a certain date, not to sublet, not to change the decor, or anything that they were prohibited or obligated to do in their tenancy agreement. This may mean that the landlord is entitled to claim damages if they have evidence of the breach, or to repossess the property.

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.

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.

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.