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Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

Q: Is the new tenant bound by the benefits and burden s of a covenant(s) by the original landlord in ( Spencer's Case ) ? can the covenant be personal?

The assigned tenan t will acquire the benefit of a landlord covenan t and the burden of a tenant covenant that touches and concerns the land .

4 important questions on Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

Is the new tenant bound by the benefits and burdens of a covenant(s) by the original landlord in (Spencer's Case)? can the covenant be personal?

The assigned tenant will acquire the benefit of a landlord covenant and the burden of a tenant covenant that touches and concerns the land.

Explain the requirements for 'touch and concern the land' in (P&A Investments v Combined English Stores)?

Covenant benefits only the reversioner(right of succession) (tenant/landlord)
Covenant affects the nature/quality/mode of use/value of the land of the reversioner
Covenant is not personal to the covenantor/covenantee (e.g. a covenant where the tenant provides the landlord with a three-course meal every month. MUST relate to the LAND = a covenant which restricts property being converted into a restaurant).
If the covenant requires payment of a sum of money, it does not prevent it from touching the land so long as the three conditions are satisfied.

Do the benefits of every tenant covenant pass to the new landlord under (s. 141 LPA 1925)? What must the covenant have reference to?

The assigned landlord will acquire all the benefits of every tenant covenant that have reference to the 'subject-matter' of the lease. E.g., the tenant paying rent is a benefit.

Do the burdens of every landlord covenant pass to the new landlord under (s.142 LPA 1925)? What must the covenant have reference to?

The assigned landlord will acquire the burden of all the landlord's covenants that have reference to the 'subject-matter' of the lease. E.g., repairs to the structure and exterior of the shop is a type of burden.

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WS6 Leasehold Covenants

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Topics that are related to Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant - Any escape for the first tenant who is forced to discharge the arrears of the third tenant?

Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

4 important questions on Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

Is the new tenant bound by the benefits and burdens of a covenant(s) by the original landlord in (Spencer's Case)? can the covenant be personal?

Explain the requirements for 'touch and concern the land' in (P&A Investments v Combined English Stores)?

Do the benefits of every tenant covenant pass to the new landlord under (s. 141 LPA 1925)? What must the covenant have reference to?

Do the burdens of every landlord covenant pass to the new landlord under (s.142 LPA 1925)? What must the covenant have reference to?

Topics that are related to Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant [this depends on determining whether the landlord has the benefit or burden and vice versa]

Enforceability of covenants in 'old' leases - Person suing = benefit of the covenant & person being sued = burden of the covenant - Any escape for the first tenant who is forced to discharge the arrears of the third tenant?

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