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Key definition
Breach of Covenant definition

What does Breach of Covenant mean? Breach of covenant describes a failure to comply with an obligation in a lease (or other deed). In practice this most often concerns a tenant covenant—such as not paying rent, unauthorised assignment/subletting or parting with possession, unlawful use, or failing to repair—but landlords can also be in breach (for example, quiet enjoyment or services). The phrase is descriptive rather than a statutory definition; remedies and procedures are governed by legislation and case law. England & Wales and Northern Ireland: where the lease reserves a right of re-entry/forfeiture, a tenant’s breach may entitle the landlord to forfeit, subject to...

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Tenants’ remedies for landlord breach of lease: injunctions, set-off, self-help, repudiatory termination, declarations, damages, manager/receiver appointment, acquisition/enfranchisement and management audit (England and Wales)

Practice notes
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This Practice Note offers a succinct outline of the key remedies available to tenants where a landlord breaches covenant or interferes with the tenant’s rights. These span measures addressing a particular breach, such as an injunction or an award of damages, and broader solutions aimed at control of the premises, for example appointing a manager. disputes commonly arise from covenants to provide services or to insure (and to apply insurance proceeds to reinstatement), or from hindrance of a tenant’s rights, including rights of access. For focused guidance:

  • on disrepair, see Practice Note: dilapidations during the term—claims by the tenant
  • on the covenant for quiet enjoyment, see Practice Note: Derogation from grant and the covenant for quiet enjoyment
  • on landlord insolvency, see Practice Note: Quick guide to property insolvency—Insolvency of a landlord
  • on withholding of consent to assign or underlet, see Practice Note: Tenant’s remedies for unreasonable withholding of consent—assignment and underletting

Injunction or specific performance

An injunction will require the landlord to perform its obligations, or restrain interference with rights. An injunction is generally regarded as the primary remedy for infringement of property rights, such as a right of access...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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