The lease between a landlord and a tenant will contain a number of covenants relating to their respective obligations. If these covenants are breached, either party may be able to take action to protect their interests.
The terms of the lease will set out how enforcement is handled. These provisions may be difficult to interpret, which might also lead to disputes.
Breaching lease covenants
If a tenant has breached a lease covenant, the terms of the lease will often specify the available remedies. Even if a remedy is not specified, the breach may be sufficient to justify action such as forfeiture of the lease or injunction proceedings.
It is important to be aware that, when sub-letting leasehold property, the tenant will still be responsible for compliance with the lease covenants in most situations. Therefore, if a sub-tenant breaches a lease covenant, the tenant is likely to be the subject of any enforcement action taken by a superior landlord.
Where a landlord is in breach of a covenant the tenant may have options, including enforcement action and claiming damages.
Situations may also arise where a tenant wishes to enforce a lease covenant against another tenant. The terms of the lease may not allow them to do so directly, meaning they have to ask the landlord to take action on their behalf. This will usually involve the tenant agreeing to indemnify the landlord for any costs incurred in taking this action.
Instructing Luscombe Gray
Luscombe Gray is a boutique property litigation firm, providing a legal service tailored to the needs of our clients. We believe first-class legal advice should be available to all.
If you need legal support in relation to enforcing lease covenants, contact Luscombe Gray for clear and expert advice. Your case will be handled by an experienced property litigation solicitor.
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