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PreliminaryE+W

2 Covenants to which the Act applies.E+W

(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 or]paragraph 1 or 3 of Schedule 2 to the M2Housing Associations Act 1985 (covenants for repayment of discount on early disposals or for restricting disposals).

Textual Amendments

F1Words in s. 2(2)(c) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para.22

Marginal Citations