Privity of Contract and Continuing Liability of Tenants in Leases: Need for Reform in Nigeria

Abstract

Introduction
The basis for enforcement of covenants in leases lies in privity either of contract or of estate. On the principle of privity hinges the running of covenants with the lease or with the reversion for the duration of the term1. Although a lease generally creates privity of estate2 between the original parties to the lease, or between the assignee of the lease or of the reversion and the original landlord or the original tenant respectively; privity of contract3 is applicable as between the original parties to the lease only.