Chapter 7 Key facts checklists

Covenants in leases

Leasehold covenants are promises made between a landlord and tenant. They can be express or implied; positive or negative in nature.
An express covenant to repair should not include work that renews virtually the whole of the property in one go, brings completely new improvements to the property, or requires the correction of design faults with the property unless such faults are causing physical damage to the property which itself falls within a covenant to repair.
Certain repair obligations are impliedly imposed upon a landlord by common law and statute, notably the Landlord and Tenant Act (LTA) 1985.
Remedies available for breach of a repair obligation include forfeiture, damages, and specific performance.
Covenants not to assign or sub-let may be absolute or qualified. Where qualified, a landlord must not refuse consent unreasonably: s 19(1)(a) Landlord and Tenant Act 1927.
Covenants are enforceable between the original covenanting parties based upon the contractual relationship they share.
The enforcement of covenants between successors in title depends upon whether the burden and/or benefit of the covenants have passed. Rules governing this differ depending upon whether the lease was created before or after 1 January 1996 when the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) came into force.