Q&As

Can a superior landlord enforce covenants in a superior lease against an undertenant, even if the undertenant has not given a covenant to comply with it?

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Published by a LexisNexis Property Disputes expert
Published on: 08 August 2022
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There is neither privity of contract nor privity of estate between the head landlord and the undertenant, and so the undertenant is not personally liable for the covenants contained in the head lease.

If, however, the head lease contains a proviso for re-entry on breach of covenant, the undertenant is liable to

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Jurisdiction(s):
United Kingdom

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