subject to above oro Assignee privity of estate subject to above Scenario 2

Subject to above oro assignee privity of estate

  • Monash University
  • LAW 2112
  • Notes
  • wallyexoticcarspotter
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– 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).
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Scenario 3: Assingment by Landlord to reversioner and Assignment by tenant to A (assignee)Double whammyR 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).AndIt 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 landA wishes to enforce the covenant against RA 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 landAndR 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).
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‘Touch and concern’ the land Examples: Covenants by the tenant to: Pay rent; Repair the premises;
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  • tenant, landlord, Leasehold estate

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