ABSTRACT

Administration charges tend to be considered in the context of how and when they might be recovered as part and parcel of an enforcement action for another breach. It is quite likely however that they may need to be collected under a covenant in their own right, either because they have arisen in an entirely different manner or because the breach of covenant which brought them on has been remedied, leaving only the charges outstanding. The covenant to register assignments and subletting with the landlord or management company does not meet with compliance nearly often enough. Forfeiture is available for breach of covenant, but not for the less fundamental matter of the breach of a regulation. Enforcement action can be taken for breach of a regulation by way of forfeiture—although it rarely is unless there are additional breaches of covenant which justify the proceedings.