Section 15 Enforcement of covenants.

England and Wales

(1)

Where any tenant covenant of a tenancy, or any right of re-entry contained in a tenancy, is enforceable by the reversioner in respect of any premises demised by the tenancy, it shall also be so enforceable by—

(a)

any person (other than the reversioner) who, as the holder of the immediate reversion in those premises, is for the time being entitled to the rents and profits under the tenancy in respect of those premises, or

(b)

any mortgagee in possession of the reversion in those premises who is so entitled.

(2)

Where any landlord covenant of a tenancy is enforceable against the reversioner in respect of any premises demised by the tenancy, it shall also be so enforceable against any person falling within subsection (1)(a) or (b).

(3)

Where any landlord covenant of a tenancy is enforceable by the tenant in respect of any premises demised by the tenancy, it shall also be so enforceable by any mortgagee in possession of those premises under a mortgage granted by the tenant.

(4)

Where any tenant covenant of a tenancy, or any right of re-entry contained in a tenancy, is enforceable against the tenant in respect of any premises demised by the tenancy, it shall also be so enforceable against any such mortgagee.

(5)

Nothing in this section shall operate—

(a)

in the case of a covenant which (in whatever terms) is expressed to be personal to any person, to make the covenant enforceable by or (as the case may be) against any other person; or

(b)

to make a covenant enforceable against any person if, apart from this section, it would not be enforceable against him by reason of its not having been registered under the F1 Land Registration Act 2002 or the M1Land Charges Act 1972.

(6)

In this section—

“mortgagee” and “mortgage” include “chargee” and “charge” respectively;
“the reversioner”, in relation to a tenancy, means the holder for the time being of the interest of the landlord under the tenancy.

Annotations

Textual amendments

F1: Words in s. 15(5)(b) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 33(2) (with s. 129); S.I. 2003/1725, art. 2(1)

Marginal citations

M1: 1972 c. 61.