ABSTRACT
This chapter considers the actions available on a breach of a repairing covenant. From the property manager's point of view, enforcement will generally be in the context of a leaseholder's covenant, but enforcement of landlords' covenants. Although forfeiture may have become less popular in the context of recovering debts, it is still seen as the best method for achieving results on other breaches of covenant. In all the circumstances, the landlord and management company are likely to be better off if they can negotiate with the defendants or their mortgage lenders for payment of their costs by way of an overall compensatory amount for the original breach. A landlord or a management company can apply to the court for an injunction and/or a decree of specific performance. Such an application can be made on its' own or as part of possession proceedings; alternatively the application could proceed while the LVT is determining the existence of the breach.
