Webb v Russell (1789) 3 Term Rep 393
Here the sub-tenant held the property as tenant of the head landlord for the residue of the term of the extinguished tenancy but without privity of estate and accordingly without any obligation to pay the rent or perform the tenant's covenants. The fact that the extinguishment of a tenancy by surrender extinguishes also the reversion to any sub-tenancy. In essence the remedy for the rent and the covenants attached to the reversion cease with the reversion to which they were annexed.
Kenyon LJ also stated: "It is not sufficient that a covenant is concerning the land, but in order to make it run with the land, there must be a privity of estate between the covenanting parties."
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