Subject to above oro assignee privity of estate

– subject to above); or
o Assignee ( privity of estate – subject to above).
Scenario 2: Assignment by landlord to reversioner
R wishes to enforce covenant against the tenant.

This is covered by s141 PLA :
If the reversioner can satisfy:
1.
privity of estate between reversioner and tenant; and
2.
Only those covenants which touch and concern land – (see below for definition).

.
).

Scenario 3: Assingment by Landlord to reversioner and Assignment by tenant
to A (assignee)
Double whammy
R wishes to enforce covenants against A
R can enforce the covenant if:
1. she has the benefit of the covenant under s141:
(i) privity of estate between reversioner and tenant; and
(ii) Only those covenants which touch and concern land – (see below for definition).
And
It is enforceable against A if:
1. Spencer’s case applies:
(i) if privity of estate between landlord and assignee; and
(ii) Only those covenants which touch and concern land
A wishes to enforce the covenant against R
A can enforce the benefit of a covenant in the lease against R if:
1. Spencer’s case applies:
(iii) if privity of estate between landlord and assignee; and
(iv) Only those covenants which touch and concern land
And
R is liable if:
1. S.142 applies:
(i) privity of estate between reversioner and tenant; and
(ii) Only those covenants which touch and concern land – (see below for definition).

‘Touch and concern’ the land
 Examples:
Covenants by the tenant to:
 Pay rent;
 Repair the premises;
