Q&As

What, if any, remedies do leaseholders have to prevent another leaseholder breaching covenants in their lease?

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Published on LexisPSL on 29/04/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • What, if any, remedies do leaseholders have to prevent another leaseholder breaching covenants in their lease?
  • Mutual enforcement
  • Remedies available
  • If the long lease in question is nearing expiry of its contractual term and falls within the residential statutory security of tenure legislation

What, if any, remedies do leaseholders have to prevent another leaseholder breaching covenants in their lease?

Mutual enforcement

As a first step, it is necessary to review the other leaseholders leases to determine whether they contain mutual enforcement covenants by the landlord and/or management company, ie a covenant providing that all other leaseholders have the same covenants for use in their leases and if another leaseholder breaches covenants in their lease, the landlord will enforce that breach subject to the requesting tenant providing a complete indemnity to the landlord against the costs of the action. Failing which, the landlord will be in breach of covenant with the other leaseholders, and the leaseholders will have various remedies available including potentially injunctive relief to force the landlord to take action to enforce against the leaseholder for breach or potentially damages—however, this will be at the cost of the leaseholders due to the indemnity. Halsbury’s Laws of England: 388. Enforcement of covenants in flats states:

'The buyer/tenant's lender will usually insist that the lease contains some method of allowing enforceability of covenants between the tenants, particularly in relation to restrictive covenants concerning use and noise and positive covenants concerning tenant's repairs.

This can be achieved by including in each lease a covenant that the landlord will, if requested by a tenant, take action to enforce a breach of covenant committed by

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