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The first and key step is to obviously get consent from your neighbour. You may need to sit with them and fully understand what their concerns are and come to an arrangement. You may want to instruct a solicitor to prepare an agreement and negotiate terms, but you should try and find common ground with the neighbour first.
If they still refuse to provide consent then there are two options. You could apply to the court to seek a declaration from the Court that consent has been unreasonably withheld or delayed. This would be made to the Property Tribunal and you would need a solicitor to assist in this regard. This is obviously a last resort as it is costly and time consuming.
Another option may be able to simply proceed with whatever it sought consent to do, even though no consent has actually been given. This can be a risky move, however, as if the covenantor has misjudged the situation this may give rise to an action for breach of covenant against the covenantor. Getting a declaration first from the court removes this risk.
Whether or not the covenantor can seek damages for failure to give consent will depend on the wording of the qualified covenant and the circumstances. Where the party asked for consent (e.g. a landlord) is under a statutory duty not to unreasonably withhold or delay consent, but does so, the covenantor will be able to bring a claim for damages for breach of statutory duty.
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