An assignee of a lease will take both the benefit and burden of the covenants in the lease provided that there is privity of estate as between the person enforcing the covenant and the person against whom enforcement is sought, and the covenant touches and concerns the land.
[1583] 5 Co Rep 16a, [1583] EWHC KB J53
Bailii
England and Wales
Cited by:
Cited – London Diocesan Fund and others v Avonridge Property Company Ltd and Phithwa HL 1-Dec-2005
The defendant had taken on a lease of a parade of shops, and sub-let each shop for a full premium at a nominal rent. It sought to limit its own liability to pay the head rent by limiting the covenant in the sub-leases to pay the head rent to the . .
Cited – Edlington Properties Limited v J H Fenner and Co Limited CA 22-Mar-2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in . .
Cited – Rhone and Another v Stephens HL 17-Mar-1994
A house was divided, the house being retained along with the roof over the cottage, and giving a covenant to repair the roof on behalf of the owner of the house. The cottage owner sought to enforce the covenant against a later owner of the house. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 22 December 2021; Ref: scu.195881