Enforcing leasehold covenants

Covenants, being promises contained within a deed, are commonly contained within a lease, and we saw in Chapter 13 some examples of common covenants that a landlord and tenant may enter into. We know from Chapter 2 that covenants are enforceable between the original landlord and tenant by virtue of the doctrine of privity of contract. This chapter examines the enforceability of leasehold covenants against other parties, for example, if a lease is assigned or sub-let by the tenant, and explores the remedies available to a landlord where the tenant breaches a covenant of the lease. This chapter is relevant to commercial leases only.