Q&As

A landlord who has a superior landlord is granting residential leases of flats. The lease between the landlord and his tenants includes a clause which states 'the Tenant covenants with the Superior Landlord and its successors in title in their own right to observe and perform...' The superior landlord is defined but is not a party to the lease. Will this covenant be enforceable or does the superior landlord need to be a party to the lease?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 25 November 2015
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This answer considers the enforceability of covenants in circumstances where there is a superior landlord, an intermediate landlord, and a tenant.

The ordinary rule in relation to the enforceability of contractual provisions is that there needs to be privity of contract between the parties. Thus, at common law, only the parties to the contract can enforce its provisions against each other, even where a term in the contract is intended to benefit a third party. These provisions apply just as much in respect of provisions in a lease, because it amounts to a contract. Therefore, a head landlord is

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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