Breach of covenants

Breaches can take many different forms with the most common being failure to pay service charges or ground rents. Other breaches can include:

1. Subletting or assignment of part or whole;
2. Unauthorised alterations;
3. Disrepair;
4. Nuisance; and
5. Keeping pets.

Usually Landlords wish to ensure that Tenants do not breach the covenants in their Leases. Breaches can give rise to legal difficulties and interfere with good relations between Tenants on an estate. Where a breach has arisen the Landlord is likely to have a number of different options open to it. For example it may sue for damages, seek an injunction or look to forfeit the Lease. Care needs to be taken because the steps taken by Landlord after breach can limit the options available. Typically, acknowledging the continued existence of the Lease after a breach can lead to the Landlord waiving the right to forfeit. Seeking swift legal advice can help Landlords to preserve their rights and can ensure that the best resolution is obtained.

We are able to assess breaches of covenant and guide you through the (often complex) steps you should take. We will help you to record and to preserve evidence and advise you whether a determination from the First Tier Tribunal is required and/ or whether a notice pursuant to Section 146 of the Law of Property Act 1925 is required. We will also enter into negotiations or conduct litigation on your behalf – as appropriate.  

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