If you own a leasehold property, the lease will contain covenants requiring both the tenant and the landlord to comply with certain conditions. The covenants are intended to ensure that both parties behave in a certain way that will benefit each other and ensure that the property is looked after.
Examples of covenants often required of a tenant include to pay the service charges, not to alter the property without the landlord’s consent and not to sub-let.
Examples of covenants that a landlord might be bound by include to allow the tenant quiet enjoyment of the property, to enforce covenants against other tenants and to provide the agreed services in return for the payment of service charges.
When either party breaches a covenant, it can have implications for the property, the party complaining of the breach and also other tenants. This type of dispute can escalate with positions becoming entrenched quite quickly, so you are strongly recommended to take steps to try to resolve matters without delay.
At Preston Redman, our solicitors for breach of covenant in Bournemouth can help with a range of leasehold issues, from advising you of your rights to dealing with enforcement if covenants have been breached.
We represent both tenants and landlords in dealing with breach of covenants in Bournemouth properties and elsewhere.
As well as a high level of legal expertise in the complex area of leasehold property law, we are strong negotiators and are often able to deal with even the most entrenched disagreements without the need for litigation.
We understand how difficult and stressful it can be to be involved in a property dispute and we will do all we can to help and support you. We always work proactively to resolve matters promptly, to keep costs under control and to reach the right outcome.
To speak to one of our friendly and experienced solicitors for breach of covenant in Bournemouth, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
How our breach of covenants solicitors in Bournemouth can help you
Our breach of covenant solicitors in Bournemouth deal with a full range of issues, including:
- Service charge disputes
- Assignment and sub-letting
- Rent disputes, to include non-payment of rent
- Requiring enforcement of covenants against other tenants and advice on tenant remedies for breach of covenant
- Forfeiture of lease
- Breach of covenants over land
Service charge disputes
Service charges can be a common cause of disagreement between landlords and tenants. The landlord of a block of flats or a property converted into flats will generally provide a range of services, including buildings insurance, maintenance of the building and common parts and utilities in respect of common parts.
They will make a monthly charge to cover this, known as the service charge. It is generally open to the landlord to decide how much each tenant should pay. Where some flats are bigger than others, a larger service charge may be levied. The landlord will also usually require part of the service charge payment to be put into a sinking fund each month. This is a fund that will build over time so that large items of expenditure can be covered when they arise, such as a new roof.
Where tenants disagree with the amount charged, landlords fail to provide the services they should or there is a leaseholder in breach of covenant for failing to pay, a dispute can arise. If this is not dealt with promptly, it can impact the whole property and everyone involved.
Our breach of leasehold covenant solicitors can advise you on available remedies and negotiate on your behalf to try to resolve matters without delay. Where necessary, we can bring legal action to enforce your rights.
Enforcing covenants against other tenants
It is generally a breach of covenant by a landlord if they fail to enforce covenants in a lease against other flat owners. If you live in a property where your fellow leaseholders are breaching the covenants contained in the lease and the landlord has failed to take action, we can advise you on your options and represent you in requiring the landlord to deal with the matter.
Common questions about breach of covenants
What is a breach of covenant?
Covenants often exist in respect of land and are also included in property leases. They regulate the way in which land or property can be used, with the intention of benefitting the owner or the user of the land.
The title deeds to the property, to include the lease if there is one, will set out the covenants which need to be complied with.
A breach of covenant happens when someone who is bound by the covenant fails to observe it. This can impact those with an interest in the land or property. Examples include:
- Where a landlord fails to adequately maintain a freehold building so that the tenants’ leasehold flats fall into disrepair or are devalued
- Where a landlord does not enforce restrictive covenants against tenants who breach them, such as leaving rubbish in the common areas or being noisy after 11pm, making the situation unpleasant for other flat owners
- Where a tenant carries out alterations to their flat without the landlord’s consent so that the landlord’s building is affected
- Where a landowner builds on land in breach of a covenant preventing this
If the party in breach of a covenant does not set matters straight, it may be necessary to obtain legal help to enforce the covenant.
What is breach of covenant indemnity insurance?
If you are selling a property, the buyer’s solicitor will ask for confirmation that none of the covenants have been breached. If a covenant has been breached, for example, an extension has been added to the property without the consent of the individual with the benefit of the restrictive covenant, this could cause a problem for the buyer.
Their mortgage lender will either want retrospective consent to be obtained or they may be satisfied with an insurance policy, known as indemnity insurance for breach of covenant. This would provide cover in the event that the individual with the benefit of the restrictive covenant requires the extension to be removed in the future or makes a claim for damages for breach of covenant.
It is often the case that the person who could give consent cannot be traced, so buying a breach of covenant indemnity policy is the only alternative. This is an insurance policy with a one-off payment that can be purchased by the seller on completion of the sale. The policy will then be provided to the purchaser of the property.
Get in touch with our breach of covenant solicitors in Bournemouth
To speak to one of our friendly, highly experienced property litigation solicitors about a breach of leasehold covenant, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
