Leasehold covenants – types and remedies for breach


This lecture includes a discussion of some of the common types of covenant found in leases, with particular attention to covenants controlling when the tenant can assign his lease to someone else or create a sub-lease and covenants relating to obligations to maintain and repair the leased property.

Most of the lecture, however, deals with the  remedies available for breach of covenant, looking in particular detail at the landlord’s remedy of forfeiture.

The lecture is in two sections:

1. A brief look at some of the common types of covenant, in particular at

  • covenants controlling assignment or sub-letting (including the restrictions on when a landlord may refuse consent), and
  • covenants relating to repairing obligations (who is responsible for repair, and what counts as ‘repair’)

2. Discussion of remedies available for breach of covenant, in particular the landlord’s remedy of forfeiture. The discussion of forfeiture includes

  • the different requirements depending on what type of covenant is breached
  • the required content of a s.146 notice and when a breach is considered incapable of remedy
  • waiver of right to forfeit
  • the means of taking possession after forfeiture
  • a tenant’s right to ‘relief’ from forfeiture

Lecturer: Gianni Vuolo

Duration: 39 minutes (approx)


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