Breach of Covenant

Who is guilty of breach of covenants

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Breach of covenant claims are more usually taken by the landlord against the tenant and can include circumstances such as failure to pay the rent, sub-letting without permission, carrying out unauthorised alterations, failure to repair or maintain as required (dilapidations) or becoming insolvent.

A landlord may be equally guilty of breaching covenants if they fail to meet their obligations contained in the lease such as wrongly withholding or delaying consent for assignment, subletting or alterations, breach of 'quiet enjoyment' (the tenant's right to live in and use the rented property without unwarranted interference from the landlord) or a failure to insure the property.

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