A more recent version of these Leases Running Of Covenants I notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Land - Leases: Running of Covenants I (Pre-1996 Leases).
- Problem: enforcing covenants in leases on new parties. original landlord (L) + original tenant (T) - contractual relationship: enforcement by contract principles. successors in title (i.e. T assigns lease to T1 or L sells reversion to L1) - no contractual relationship. attempt to balance 2 issues:
1. if covenants unenforceable vs. successors ? v. short lifespan: not always convenient.
2. if covenants always bind successors ? land less attractive to buyers. 2 sets of rules: pre-1996 (old leases): old system of rules. 1996- (new leases): Landlord and Tenant (Covenants) Act 1995 (LT(C)A).
- These notes: old leases.
Privity of Contract and Estate
- Privity of contract: between original landlord (L) + original tenant (T) ? continuing liability. all terms in lease can be enforced between L + T: under rules of contract. liability continues for full lease term - even after assignment. T's liability continues after assignment of lease - Thursby v Plant . L's liability continues after assignment of reversion - Stuart v Joy . s79 LPA 1925: covenant deemed to be made by covenantor on behalf of self + successors (inc. owners/occupiers for time being) + persons deriving title under successors.
Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.