Commercial leases impose obligations on both landlords and tenants, by way of landlord and tenant covenants. If any covenants are breached by one party, then the other party may wish to take enforcement action against it to force compliance with the terms of the lease.
The main landlord covenants are likely to include peaceful enjoyment of the premises and to insure and repair the structure of the building.
Tenant covenants are far more extensive, including the covenant to pay rent and keep the premises in repair and the imposition of obligations in relation to things like subletting.
The action that a landlord or tenant may wish to take following a breach by the other will depend upon the circumstances of the case and will depend largely upon the terms of the lease, the commercial aims of the party seeking a remedy and whether the breach is remediable.
Potential remedies include forfeiture (in the case of a tenant breach), specific performance, an injunction (requiring the party in breach to do or refrain from doing something) and/or damages.
Our litigation lawyers are experienced in considering the circumstances of the case, advising upon the merits of the options available, serving any relevant notices and in commencing court proceedings as required.
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