Lease covenants

There are various remedies available to a landlord for breach of a lease covenant, depending on the nature of the breach and other factors, including:

  1. forfeiture

  2. (in respect of rent arrears) commercial rent arrears recovery (CRAR), debt proceedings, statutory demands, section 17 notices to former tenants or their guarantors, recovering rent from a sub-tenant,

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Latest Property Disputes News

Property Disputes weekly highlights—9 January 2025

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision finding that the tenancy condition in section 81 Housing Act 1985 can be satisfied even where the tenant does not intend to return to the premises as a tenant, High Court decisions on the court’s jurisdiction to determine whether in point of law a particular debt is a ‘moratorium debt’ under the Debt Respite Scheme, and the causal link that must be established between the negligent advice and subsequent conduct of a property developer, on the interpretation of restrictions in a nomination rights deed on the disposal of property, on a parties’ termination clause which was found to exclude the ‘breach of contract principle’, a decision that a short LTA 1987 section 22 notice period was immaterial in light of landlord’s continued failure to remedy issues, and whether or not a right to forfeit had arisen. Upper Tribunal decisions on compensation for loss of amenity flowing from a redevelopment scheme and the court exercising its discretion to modify a restrictive covenant affecting land and overruling the First-tier Tribunal’s decision not to determine service charges due to lack of information, and a decision that a lawful assignee assuming primary responsibility for obligations in the licence agreement will be party to the Code agreement. It also includes a snapshot of key property developments to look out for in 2025.

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