• Can A Tenant Enforce A Restrictive Covenant

    By Guest on 16th Nov 2016

    We have an assured shorthold tenancy. Would we have standing to enforce a

    restrictive covenant, concerning a neighbour parking on a shared driveway? Or can

    such a covenant only be enforced by the owner of the property (our landlord).

  • 3 Answers

    By Guest on 18/11/2016

    Only your landlord could enforce the covenant though if the right to park on the driveway was included as part of your tenancy (whether explicit or implied) and you are now being prevented from parking then you may be able to compel your landlord to act

  • By Guest on 18/11/2016

    Thanks very much for that.
    Unfortunately, the tenancy agreement doesn't include anything relevant to the driveway.
    I was wondering if a tenant could enforce a covenant because I had understood that they can enforce some proprietary rights, such as trespass and easement rights.
    Thanks.

  • By Guest on 21/11/2016

    Interesting, thinking.about it you may have a point, you do have a proprietary interest in the land. Why won't the landlord take action? Is he just not interested or does he actively not want the covenant enforced? You need to remember that depending on the remaining term of your tenancy he could simply serve notice and get you out in two months

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search