Privity of title
Privity is the relationship between parties which results from them participating in the same transaction or occurrence. Privity of title, also referred to as privity of estate, is the legal relationship between two or more parties who share an interest in the same estate/property. That is, when the parties’ estates constitute one estate in law.
In contrast with a privity of contract, privity of title involves rights and duties that run with the land. The privity of title binds both parties to the terms of any covenants that run with the land, but only for as long as the privity continues.
A common example of privity of title is the relationship between landlord and tenant. The privity of title, or tenancy, cannot usually be transferred by a tenant without the consent of the landlord. On coming into a privity of title, an assignee is liable only for the period that they are in possession under the assignment (i.e. when they are the legal assignee). Therefore, on obtaining the privity of title, the assignee is liable to the landlord for rent payments and the breach of any covenants, while the landlord is liable to the assignee for the covenant of quiet enjoyment, and so on.
The original tenant, on assigning their interest in the lease, has their privity of title terminated while their privity of contract is retained. They end their right to possession but, unless there is an agreement otherwise, their liability under the lease continues.
If the tenant sublets to a third party this establishes both a privity of title and privity of contract between the new leasehold estate of the tenant and sub-tenant, but not between the sub-tenant and the landlord. The original tenant retains privity of title with the landlord.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Retired firefighter cycles world to raise Grenfell funds
Leaving on 14 June 2025 Stephen will raise money for youth and schools through the Grenfell Foundation.
Key points for construction at a glance with industry reactions.
Functionality, visibility and sustainability
The simpler approach to specification.
Architects, architecture, buildings, and inspiration in film
The close ties between makers and the movies, with our long list of suggested viewing.
SELECT three-point plan for action issued to MSPs
Call for Scottish regulation, green skills and recognition of electrotechnical industry as part of a manifesto for Scottish Parliamentary elections.
UCEM becomes the University of the Built Environment
Major milestone in its 106-year history, follows recent merger with London School of Architecture (LSE).
Professional practical experience for Architects in training
The long process to transform the nature of education and professional practical experience in the Architecture profession following recent reports.
A people-first approach to retrofit
Moving away from the destructive paradigm of fabric-first.
International Electrician Day, 10 June 2025
Celebrating the role of electrical engineers from André-Marie Amperè, today and for the future.
New guide for clients launched at Houses of Parliament
'There has never been a more important time for clients to step up and ...ask the right questions'
The impact of recycled slate tiles
Innovation across the decades.
EPC changes for existing buildings
Changes and their context as the new RdSAP methodology comes into use from 15 June.
Skills England publishes Sector skills needs assessments
Priority areas relating to the built environment highlighted and described in brief.
BSRIA HVAC Market Watch - May 2025 Edition
Heat Pump Market Outlook: Policy, Performance & Refrigerant Trends for 2025–2028.
Committing to EDI in construction with CIOB
Built Environment professional bodies deepen commitment to EDI with two new signatories: CIAT and CICES.
Government Grenfell progress report at a glance
Line by line recomendation overview, with links to more details.
An engaging and lively review of his professional life.
Sustainable heating for listed buildings
A problem that needs to be approached intelligently.
50th Golden anniversary ECA Edmundson apprentice award
Deadline for entries has been extended to Friday 27 June, so don't miss out!
CIAT at the London Festival of Architecture
Designing for Everyone: Breaking Barriers in Inclusive Architecture.
Mixed reactions to apprenticeship and skills reform 2025
A 'welcome shift' for some and a 'backwards step' for others.