COVENANT POSERI have a couple of examples forJJ Goldstein to justify the need for a mutual enforcement covenant in residential leases (see [2001] Gazette, 26 April, 17).A purchaser/ tenant needs to be able potentially to invoke action by the landlord on: l Any covenant by a tenant direct with the landlord, for example, to pay maintenance contributions without which the landlord is not funded to carry out repairs; l Any covenants or regulation as to use of the premises, for example, nuisance, noise etcetera whether or not such are declared for the benefit of other tenants because remedies available to an aggrieved tenant would not extend to the ultimate sanction in the landlord's hands of the right of re-entry and forfeiture.

I shall continue to insist on such a covenant in the lease not only to benefit my clients who have to live in and enjoy their occupation of the property, but also to ensure that, as the requirement for such a covenant is widespread, the lease is a fully 'good and marketable' lease for the Council of Mortgage Lenders.Mr Goldstein should also be aware of the reservations voiced by the Law Society in the Conveyancing Handbook 2001, which by implication prefers a mutual enforcement covenant.Trevor J Smith, Brighton, Sussex