In tenancies created after 31 December 1995, only obligations which are fundamental and of proprietary character, and have reference to the subject matter of the lease, will be binding on assignees of the lease

In tenancies created after 31 December 1995, there is a statutory presumption that all landlord and tenant covenants will burden assignees unless they are otherwise expressly stated to be personal obligations

The doctrine of privity of estate encapsulates the idea that there will always be a direct relationship between the landlord and any person who is physically in occupation of the land that is subject to the lease at any one time, irrespective of whether the parties had a direct contractual relationship

In tenancies created before 1 January 1996, the common law doctrine of privity of estate establishes that an assignee of the lease will be bound BOTH by covenants which are personal in nature AND those which touch and concern the land

The doctrine of privity of estate supersedes the doctrine of privity of contract, and ensures that benefits and burdens of obligations within a lease will not impact original contracting parties