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C is for Covenant

C is for CovenantA covenant, is a solemn agreement or promise to do or not to do something.  There are various different ways the word is used.

In land law, there are special types of covenant which ‘run with the land’ .  These are enforceable by or against anyone who owns the land – not just the person who made it in the first place.

This type of covenant has to relate to the use of the land in some way. For example a covenant not build on a specific area of land or only to  use it for a specific purpose.

The word is also used sometimes to mean a special sort of agreement, created under seal which can be enforced without ‘consideration’ (see here for an explanation of consideration).

In the world of landlord and tenant people tend to be less technical and the word covenant generally means a clause in the tenancy agreement (or possibliy implied into the tenancy agreement) such as the covenant of quiet enjoyment.

So if you are puzzled by references to ‘covenants’, think formal agreement to do or not to do something.

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Important note. If you are reading an old post, remember that the law may have changed since it was written.

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About the post author:

Tessa Shepperson

Tessa is a lawyer and specialises in creating products and services which help landlords and letting agents learn and understand landlord & tenant law. For example, she runs the Landlord Law website (now in its 14th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

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Tessa is an English lawyer specialising in residential landlord and tenant law.

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