Privity of Estate
The relationship between a landlord and tenant, or their successors, arising from the tenure. Covenants that 'touch and concern' the land pass with the estate under the Landlord and Tenant (Covenants) Act 1995.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Historically, only covenants that 'touched and concerned' the land passed automatically between a landlord and tenant's successors through privity of estate — purely personal obligations did not. The Landlord and Tenant (Covenants) Act 1995 swept that distinction away for tenancies it covers.
Section 2 of the 1995 Act now applies to a landlord covenant or a tenant covenant of a tenancy whether or not the covenant has reference to the subject matter of the tenancy, and whether the covenant is express, implied or imposed by law. The effect is that, for tenancies granted after the Act commenced, successors in title take the benefit and burden of covenants regardless of whether they would have satisfied the old 'touch and concern' test for privity of estate.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.