This week's podcast is about the enforceability of the covenants contained in a lease. The original landlord and tenant are liable to each other because they have made a contract with each other. The landlord can assign its interest in the land (its reversion) and the tenant assign its lease. This podcast will explain that successors in title of the landlord and the tenant also get the benefit and burden of those lease covenants that relate to land. They are not subject to purely personal covenants given by the original landlord or the original tenant. Sub-tenants, too, can get the benefit and burden of covenants in the headlease. The exception to this is that they are not subject to the burden of positive covenants in the headlease. Finally, the podcast gives a brief reminder of the remedies available for breach of a covenant contained in a lease.
