Our team has considerable expertise advising and representing landlords and tenants following a breach of commercial lease terms. We can represent you in the First Tier Tribunal (Property Chamber) or the civil courts where the dispute is not resolvable through negotiation.
Contact us on 01225 462871. Alternatively, you can email, or complete the contact form at the foot of this page.
Most leases contain lists of obligations, known as covenants. A breach of one or more of these obligations is known as a breach of covenant.
Common examples of a tenant’s breach of covenant are:
- failure to pay the rent/service charges;
- sub-letting without permission;
- carrying out unauthorised alterations;
- failure to repair.
For landlords, typical breaches are:
- wrongly withholding or delaying consent for either assignment, sub-letting or alterations;
- breach of quiet enjoyment (the tenants’ right to use the property without unlawful interference from the landlord).
“Thank you for your diligence and ready accessibility; we really appreciated that.” MA
Remedies for breach of commercial agreement
A party suffering as a result of a breach of commercial lease terms will usually have a number of remedies available to them. The most appropriate depends on the lease wording, the nature and extent of the breach of covenant and the suffering party’s objectives.
Depending on the circumstances, it may be appropriate to:
- consider bringing the lease to an end;
- apply for a court injunction to remedy the breach of covenant;
- undertake works which are the other party’s responsibility and then bring court action to recover the cost;
- claim damages.
It is often possible to achieve a commercial solution without taking the other party to court. However, it is also important to act promptly to maximise your available options.
“I would like to thank you for your expertise and speed in resolving the dispute with [my tenant].” HT
From the outset, we will advise you fully where you stand in terms of legal costs, including the ability of the landlord to recover costs from the tenant under the terms of the lease, or alternatively by an order of the relevant tribunal or court.