Breach of Lease Actions

Breach of covenant

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 tenants’ breaches are:

• failure to pay the rent/service charges;
• sub-letting without permission;
• carrying out unauthorised alterations;
• failure to repair.

Typical examples of landlords’ breaches are:

• wrongly withholding or delaying consent for either assignment, sub-letting or alterations;
• breach of quiet enjoyment (which is the tenants’ right to use their property without unlawful interference from the landlord).

“Once again we really appreciate the work you have done. The continued support and advice has been really valuable and concluding successfully for which we are really grateful.” LT

Remedies for breach of covenant

A party suffering as a result of a breach of covenant will usually have a number of remedies available to them. Which remedy is the most appropriate will depend entirely upon the nature and extent of the breach of covenant and the suffering party’s objectives.

If a financial loss can be evidenced, the suffering party may be in a position to claim damages. Depending upon the circumstances, it may also be appropriate to:

• look to bring the lease to an end;
• apply to court for an injunction to remedy the breach of covenant;
• undertake works which are the responsibility of the other party and then bring court action to recover the cost;
• claim damages.

However, very often it’s possible to achieve a commercial solution without relying on any specific remedy.

“I really am so pleased I finally received some advice that was not only helpful but worked – just wish I had approached you first!” HS

Breach of lease solicitors

We have considerable expertise and experience in advising and representing landlords and tenants where there has been a breach of covenant(s) in a lease. Where a dispute cannot be resolved through negotiation, we can represent you in an action in the First Tier Tribunal (Property Chamber) or in the civil courts.

Importantly, 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.