Modern Land Law by Martin Dixon

Author:Martin Dixon [Dixon, Martin]
Language: eng
Format: azw3
ISBN: 9781317339854
Publisher: Taylor and Francis
Published: 2016-08-24T16:00:00+00:00

Figure 6.2

6.4.1 The separate nature of the ‘benefit’ of a covenant and the ‘burden’ of a covenant

In order to understand the law of leasehold covenants, it is first necessary to appreciate that the right to sue on a covenant (the benefit) and the obligation to perform or observe a covenant (the burden) must be treated separately. For example, it may well be true for pre-1996 leases (see below for the relevance of the date) that the current tenant under a lease (not being the original tenant) has the benefit of covenants, but is not subject to the burden of them: that is, the tenant has the right to enforce a covenant, but cannot be compelled to observe any obligation the lease imposes. Consequently, in any ‘real life’ problem, there are always two distinct questions to be answered. First, has the benefit of the particular covenant in issue run to the claimant? Second, is the defendant subject to the burden of it? Only if both of these questions can be answered positively can there be an action ‘on the covenant’ between claimant and defendant.

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