173Liability for non-compliance with covenant

173 Liability for non-compliance with covenant (1) A covenant or covenant in gross that is not a restrictive or access covenant is enforceable in respect of a contravention of the covenant or covenant in gross against every person who is at the time of the contravention bound by it. (2) A restrictive or access covenant or covenant in gross is only enforceable against a person who is bound by the covenant or covenant in gross in respect of conduct by the person that consists of: (a) doing an act prohibited by the covenant or covenant in gross; or (b) permitting or suffering the doing by another person of an act prohibited by the covenant or covenant in gross (whether or not the other person is bound by the covenant or covenant in gross). (3) Despite subsections (1) and (2), a covenant or covenant in gross is enforceable in respect of a contravention of it against a person who is at the time of the contravention bound by the covenant or covenant in gross by reason only of being mortgagee of the subservient land or a part of the subservient land if: (a) the person is a mortgagee in possession; or (b) a receiver, appointed by the person, is acting in respect of the person's interest as mortgagee of the land.

Law of Property Act 2000 113