BPP University College Of Professional Studies Limited (BPP)
Land Law
Summary
Summary Chart showing enforcement of Leasehold Covenants
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Land Law
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BPP University College Of Professional Studies Limited (BPP)
Two page chart showing enforceability of leasehold covenants. Includes key information, statutes, relevant cases and examples. This document was designed for use during open book exams and MCQs when you need to double check information quickly.
Available in Covenant and Land law bundles.
BPP University College Of Professional Studies Limited (BPP)
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Land Law
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ENFORCEABILITY OF LEASEHOLD COVENANTS
PRIVITY OF CONTRACT
• The legal relationship between the ORIGINAL contracting parties (landlord and
tenant) lasts for length pf the lease.
• Enforceable under rules of contract
PRIVITY OF ESTATE
• Legal Relationship between CURRENT LANDLORD AND CURRENT TENANT – lasts
whilst lease is invested in the tenant.
TWO SETS OF RULES – DEPENDANT ON YEAR LEASE WAS ENTERED INTO.
[except for retroactive provisions]
Before 1.1.1996 On or after 1.1.1996
• Privity of contract and privity of • LTA 1995 effectively abolished privity of
estate still very important. contract for all new leases.
• Continuing Privity of contract means • No longer liable for covenants for full
Liability of original landlord and term of original lease.
tenant continue for entire length of • When tenant sublets or assigns lease he
lease term – even if lease has been will generally AUTOMATICALLY obtain
assigned or sublet. an automatic release (s 5) from the
• Caused absurdities and hardship for tenant’s covenants upon assignment. –
both but mainly for tenants. so their liability CEASES
• Privity of estate means that the • S 6 the landlord must apply for release
tenant covenant that touch and from the tenant – s8 can go to get
concern the land in the old lease are release from court it tenant refuses.
enforceable by and against • If an excluded assignment (breach of
successor landlords and tenants. alienation covenant) tenant will still be
liable.
• LTCA s 3 provides AUTOMATIC
transmission of the benefit and burden
of all landlord and tenant covenants to
their successors.
• Exception to his is s3(6) ‘covenants
which are expressed to be personal to
any person’ this will not pass to a third
party.
• LTCA 1995 this exception isn’t defined
but appears to mean ‘expressly stated
to be between two named parties to
the lease.
• LTCA s 23(1) -Parties remain liable for
covenant breaches that occurred
DURING THEIR PEROD OF OCCUPATION.
• Edlington properties v JH Fenner –
tenant had claim for damages against
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