Preliminary

2 Covenants to which the Act applies.

1

This Act applies to a landlord covenant or a tenant covenant of a tenancy—

a

whether or not the covenant has reference to the subject matter of the tenancy, and

b

whether the covenant is express, implied or imposed by law,

but does not apply to a covenant falling within subsection (2).

2

Nothing in this Act affects any covenant imposed in pursuance of—

a

section 35 or 155 of the M1Housing Act 1985 (covenants for repayment of discount on early disposals);

b

paragraph 1 of Schedule 6A to that Act (covenants requiring redemption of landlord’s share); or

c

F1section 11 or 13 of the Housing Act 1996 orparagraph 1 or 3 of Schedule 2 to the M2Housing Associations Act 1985 (covenants for repayment of discount on early disposals or for restricting disposals).