Quick guide to tenant remedies for landlord’s breach of lease

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Quick guide to tenant remedies for landlord’s breach of lease
  • Injunction or specific performance
  • Set off
  • Self help
  • Ending the lease
  • Declaration
  • Damages
  • Appointment of manager or receiver
  • Acquisition of freehold
  • Under the Landlord and Tenant Act 1987
  • More...

Quick guide to tenant remedies for landlord’s breach of lease

This Practice Note gives brief details of the main remedies available to tenants to deal with a breach of covenant by the landlord, or interference with the tenant’s rights. These include remedies to deal with a specific breach, such as an injunction or damages, and remedies to take control of the property more generally, such as appointing a manager.

Disputes may arise out of covenants to provide services or to insure (and to use insurance money to reinstate), or from interference with a tenant’s rights, such as rights of access. For more specific guidance:

  1. on disrepair, see Practice Note: Dilapidations during the term—claims by the tenant

  2. on the covenant for quiet enjoyment, see Practice Note: Derogation from grant and the covenant for quiet enjoyment

  3. on landlord insolvency, see Practice Note: Insolvency for property disputes lawyers—Insolvency of a landlord

  4. on withholding of consent to assign or underlet, see Practice Note: Tenant’s remedies for unreasonable withholding of consent—assignment and underletting

Injunction or specific performance

An injunction will compel the landlord to comply with its obligations, or prohibit interference with rights. An injunction is considered the primary remedy for interference with property rights, such as a right of access, and may also be available to enforce covenants.

Bear in mind the need to act promptly and that the tenant’s conduct will be

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