Recent case law has clarified, to some extent, the law in this area and we are seeing a significant increase in cases where clients wish to enforce the covenants relating to such matters. A breach of covenant can arise here not only as a result of the clauses relating specifically to sub-letting but also those relating to use of the property.  

Short term lettings, such as Airbnb style holiday lettings, is becoming more popular but is prohibited by the contractual provisions affecting many properties. That prohibition does not only arise in flats subject to leases but can also be found in covenants affecting freehold property.

Whilst enforcement action, in the form of proceedings, is frequently unnecessary to resolve these matters, there are situations where a formal determination or order needs to be relied upon as a last resort.

We are adept at setting out clearly to a property owner what they can/cannot/must do in relation to their use of the property and, where necessary, prepare and represent a landlord or management company client in Court and enforce any order obtained.