Dilapidations

A covenant is a legal promise by one party to another either to do something or not to do something. Covenants are usually in writing and are contained in leases or other deeds such as transfers or conveyances of property. The most common form of covenants in commercial leases are covenants:

  1. To pay rent, service charge or other payments due under the terms of the lease.
  2. To repair and to keep in repair.
  3. Not to cause damage to the property.
  4. Not to assign, sublet or part with possession.
  5. Not to carry out alterations.

In freehold situations covenants are often contained in transfers of properties. Common forms of covenants in these situations are:

  1. To allow a right of way over the land transferred.
  2. Not to build or develop on the property conveyed (an absolute prohibition) or not to except in accordance with plans submitted and approved by the party with the benefit of the covenant.
  3. Not to do anything which might cause a nuisance to neighbouring property.
  4. To build a fence or other boundary structure.

There are numerous remedies available to Landlord’s for a tenant’s breach of covenant, depending on the situation. These include specific performance, where the court would compel the tenant to carry out its obligations under the lease, damages and even injunctions.

Contact Us

Breach of Covenant Claims

A covenant is a legal promise by one party to another either to do something or not to do something. Covenants are usually in writing and are contained in leases or other deeds such as transfers or conveyances of property. The most common form of covenants in commercial leases are covenants:

  1. To pay rent, service charge or other payments due under the terms of the lease.
  2. To repair and to keep in repair.
  3. Not to cause damage to the property.
  4. Not to assign, sublet or part with possession.
  5. Not to carry out alterations.

In freehold situations covenants are often contained in transfers of properties. Common forms of covenants in these situations are:

  1. To allow a right of way over the land transferred.
  2. Not to build or develop on the property conveyed (an absolute prohibition) or not to except in accordance with plans submitted and approved by the party with the benefit of the covenant.
  3. Not to do anything which might cause a nuisance to neighbouring property.
  4. To build a fence or other boundary structure.

There are numerous remedies available to Landlord’s for a tenant’s breach of covenant, depending on the situation. These include specific performance, where the court would compel the tenant to carry out its obligations under the lease, damages and even injunctions.

Contact Us

Renewal Leases

Tenants of a commercial property are able to continue to occupy the premises when the term of their existing tenancy comes to an end if certain conditions apply and they have security of tenure. The tenancy can continue on the same terms as the existing tenancy.

There may be circumstances where the landlord or the tenant does not want the tenancy to continue on the same terms as the existing tenancy or even at all. In these circumstances, there are various notices that either the landlord or the tenant can serve.

It may be the case that the landlord wishes to grant the tenant a new tenancy but on different terms to the existing tenancy. For example, with an increased rent or new lease term.

Myerson’s Property Litigation team has a wealth of knowledge and experience in dealing with renewal business tenancies. This is a technical and very tactical area of the law so landlords and tenants should always seek specialist advice.

Myerson has acted for numerous clients advising on all landlord and tenant issues. Myerson’s work with Dulux involved dealing with their portfolio of 200 properties including lease renewal notices and all contentious aspect of their landlord and tenant issues.

Contact Us

Break Notices

Break clauses are provisions in leases that allow either the landlord or the tenant to bring the lease to an end early. The landlord or tenant’s right to break may arise on a specific date or, depending upon the terms of the lease, may be a rolling provision that can be exercisable at any time. Break clauses may be conditional upon a number of factors. For example, vacant possession being provided and rent being paid up to date.

Executing a break clause is often not as straight forward as it may first seem. Break clauses are interpreted strictly by the Courts and it is imperative that if a landlord or tenant wants to bring the lease to an end early that the break clause is exercised correctly.

Failure to exercise a break clause correctly can have devastating consequences. A landlord may be left with a tenant in the property for the remainder of the term of the lease when they do not want the tenant in the property. If the tenant fails to exercise a break clause correctly then the liabilities in the lease will continue until the term of the lease expires. The tenant may not be able to meet these liabilities or may have wanted to relocate.

Myerson Property Litigators have a significant amount of experience in exercising break clauses correctly. Landlords and tenants should seek specialist advice when considering exercising a break clause to ensure that the break notice is correctly drafted and served on the relevant party.

Contact Us

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Seán Hackett

Seán Hackett

Seán is a Senior Solicitor in the Property Litigation Team of our Commercial Litigation Department

Tim Norman

Tim Norman

Tim is a Senior Partner in our Commercial Litigation department

Laura Pile

Laura Pile

Laura is a Senior Solicitor in the Property Litigation Team of our Commercial Litigation Department

Emma Dooley

Emma Dooley

Emma is a Solicitor in the Property Litigation Team of our Commercial Litigation Department

Contact Us

Please send us your enquiry using this enquiry form, or you can send us an email to lawyers@myerson.co.uk