ABSTRACT

This chapter considers the issue of leasehold covenants. Leasehold covenants are promises or obligations made between the tenant and landlord in relation to how the property will be used and looked after and how the parties will behave during the lease. Leasehold covenants regulating the land may not only affect the original parties to the lease but may also affect the successors in title. The chapter begins by considering the types of leasehold covenants frequently created and how they bind between original landlord and tenant. This will be followed by a consideration of how covenants can bind successors in title and how the Landlord and Tenants (Covenant) Act 1995 has impacted upon the liability of an outgoing landlord and tenant when the lease is assigned. It also considers the remedies available to a landlord when a tenant breaches the covenants or breaks their promise.