Breach of Covenant

More about breach of covenants


More about breach of covenants

Both landlords and tenants should be aware of the covenants which form a binding part of any lease or tenancy agreement. The landlord and the tenant will agree their rights and responsibilities within the tenancy agreement. These rights and responsibilities form the covenants of the agreement.

Disputes can then arise where one party fails to perform on the responsibilities. This may give the other party to the agreement the right to bring proceedings in the county court.

It is quite common however for a tenant who has been accused of breaching a covenant (say non-payment of rent) to defend such a claim and make a counterclaim against the landlord.

Such counterclaims can be for failure to properly attend to the deposit, failure to properly compile and serve the Prescribed Information, harassment or allowing the property to suffer dilapidation in spite of repeated tenant requests for repairs.

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