Leases: Running of Covenants

Question 1

Which case established the continuing liability of the original tenant to obey covenants even after assigning or sub-letting?

Answer 1

Thursby v Plant (1668)

Question 2

Which case established the continuing liability of the original landlord to obey covenants even after assigning or selling the freehold reversion?

Answer 2

Stuart v Joy [1904]

Question 3

Which section of the LPA 1925 confirmed both the landlord and tenant have a continuing liability after disposing of their interest in the estate?

Answer 3

s79

Question 4

What four requirements have to be met in Spencer’s Case for a covenant to be enforced by and against an assignee of a lease?

Answer 4

1. There must be privity of estate;
2. There must be a legal lease;
3. Legally assigned;
4. The covenant must touch and concern the land.