Navigate the complexities of lease covenants and obligations with our comprehensive resources. Designed for property dispute specialists, this topic provides clear, actionable guidance on landlord and tenant responsibilities, breach consequences, and enforcement strategies. Stay ahead with the latest legal insights and best practice advice to effectively manage and resolve disputes.
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—5 June 2025
Supreme Court holds banks must follow the Etridge protocol where non-commercial hybrid transactions include a more than de minimis surety element (Waller-Edwards v One Savings Bank Plc)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Derogation from grant and the covenant for quiet enjoymentThe rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet enjoyment. There is a substantial overlap between the two, but there is a fundamental
Quick guide to tenant remedies for landlord’s breach of leaseThis 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
Incoming landlord’s liability for pre-existing breachesAs from completion, an incoming landlord is:•in the case of an ‘old’ tenancy (ie generally granted pre-1 January 1996): bound by all landlord covenants that have ‘reference to the subject matter’ of the lease, and•in the case of a ‘new’ tenancy,
Landlord’s remedies for assigning or underletting without consentFor guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice Note: Landlord's consent to assign or underlet. If a breach has occurred, the following
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