Preliminary
2Covenants 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 [1985 c. 68.] Housing 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
paragraph 1 or 3 of Schedule 2 to the [1985 c. 69.] Housing Associations Act 1985 (covenants for repayment of discount on early disposals or for restricting disposals).