Breach of Covenant Solicitors

Whether you are a tenant or landlord who has been accused of breach of covenant in relation to a tenancy, our breach of covenant solicitors in London can provide clear advice on your legal position, explain your options and represent you.

Determining whether a covenant has been breached is not always straightforward, so expert legal advice is strongly advised. Having an experienced team in your corner can also significantly boost your chances of securing a favourable outcome quickly and cost-effectively, minimising the risk of costly and time-consuming court proceedings.

At OTS Solicitors, our specialist breach of covenant solicitors work with landlords and tenants across England and Wales. We listen to your concerns and the outcome you need to achieve, then provide prompt, proactive support to help get you there.

For a detailed discussion regarding a breach of covenant claim or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice on matters including:

• Landlords breaching covenants
• Tenants breaching covenants
• Removing a covenant from a tenancy agreement

Speak to our breach of covenant solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our breach of covenant solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our breach of covenant services

Landlords breaching covenants

If you are a landlord who has been accused of breaching a covenant of a tenancy agreement or a tenant who believes your landlord has committed a breach, it is important to get legal advice as soon as possible.

Our team can advise both landlords and tenants on whether a landlord has breached a covenant, then provide support with making or disputing a formal claim or negotiating an amicable resolution as appropriate. Where necessary, we can support landlords and tenants in court proceedings, but in most cases, an out-of-court settlement is possible.

Tenants breaching covenants

If you are a tenant and your landlord has accused you of breaching a covenant of your tenancy agreement or you are a landlord who needs to deal with a breach of covenant by a tenant, we can help.

We will work with you to understand the covenants contained within your tenancy agreement, then advise on whether a breach has occurred. Whatever the situation, we will then work with you to resolve the matter in the best way for your interests, whether this involves a formal claim or a more informal process.

Removing a covenant from a tenancy agreement

In some cases, you may wish to remove a covenant that forms part of a tenancy agreement. This may be where you feel the terms of the agreement are overly restrictive or where your circumstances have changed, meaning one of the covenants has now become a problem.

We can advise on how a particular covenant may apply to your situation and whether seeking to remove a covenant may be a good option. Where appropriate, we can assist with negotiations to agree removal of lease covenants.

Breach of covenant claims explained

What is a breach of covenant?

A covenant in a tenancy agreement is essentially anything that either the landlord or tenant agrees to do or not do as part of entering the agreement. Breach of covenant, therefore, is when either party fails to comply with what they have agreed to as part of the tenancy.

Common examples of situations where a tenant may be in breach of their tenancy agreement covenants include where they have:

• Engaged in anti-social behaviour or criminal activity at the property
• Damaged the property or failed to keep it in a good state of repair
• Consistently failed to pay their rent or paid it late
• Sub-let the property without permission

Situations where a landlord may be in breach of covenant regarding a tenancy include where they:

• Have harassed the tenant or otherwise interfered with their ‘quiet enjoyment’ of the property
• Failed to maintain the property in a safe and suitable condition

Whether a covenant has been breached is not always obvious. Many of the conditions in a tenancy agreement can be open to interpretation and a breach may not always be easy to prove. Getting expert legal advice can help to make your position clear and ensure you have the right evidence to prove whether a breach has occurred or not.

What happens if you breach a covenant?

If you breach a covenant as a landlord, then a tenant may have various options, including potentially the right to reclaim rent payments or seek compensation.

If you breach a covenant as a tenant, the landlord’s options will depend on the type of breach and how serious it is. For example, if you have not paid your rent, then they may be able to take action to reclaim outstanding rent. Where a more serious or persistent breach has occurred, the landlord may be able to initiate possession proceedings.

Who enforces breach of covenant?

Where there is a breach of covenant then, in the first instance, you will normally need to attempt to resolve the matter amicably with the other side. This would typically involve informing them of the breach and the resolution you are seeking, then negotiating with them if required. A solicitor can help you with this process and may significantly increase the chances of a quick resolution.

If an amicable resolution cannot be reached, then you may need to apply to a court. They can issue court orders forcing landlords to take actions such as repaying rent or requiring tenants to vacate a property.

Are covenants legally enforceable?

The covenants contained in a tenancy agreement should be legally enforceable as long as they comply with all relevant legislation and the agreement was properly prepared and signed. This is one of the key reasons why it is strongly recommended to have an experienced solicitor prepare your tenancy agreements for you.

Can you remove a covenant?

It may be possible to remove a covenant from a tenancy agreement depending on the circumstances. This is something our team can advise on.

What is the remedy for breach of covenant by a tenant?

What remedy is available for breach of covenant by a tenant will depend on the circumstances. Options may include seeking compensation or starting possession proceedings with a Section 8 Notice. Landlords should always get legal advice before taking action to avoid the risk of legal action from the tenant.

Can a covenant be ignored?

Ignoring a covenant in a tenancy agreement is very risky and is not generally advisable. If you feel a covenant is unnecessarily restrictive or unenforceable, it is recommended to seek expert legal advice. Where appropriate, it may be possible to have a covenant modified or removed. Simply ignoring a covenant creates a high risk of legal action from the other party to the tenancy agreement.

Our fees for dealing with breach of covenant claims

At OTS Solicitors, we believe in transparency around our fees. We will be happy to discuss the likely costs involved in dealing with your matter during your initial conversation with our team. Wherever possible, we will act on a fixed fee basis, giving you certainty over costs. Where ongoing support is required, we will explain our hourly rates and give a realistic estimate of the total work and cost involved, with all billable work agreed in advance.

To find out more about our fees, please get in touch using the contact details below.

Speak to our breach of covenant solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our breach of covenant solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.