Anne, in 1994 grants a 25-year lease, with rent payable monthly, of the barn to Bert and Bert covenants to provide Anne’s daughter Xena with free weekly riding lessons. Anne reserves a right of entry. In 1997, Bert gives up the horse business and assigns the lease to Carl, an interior designer, who, behind Anne’s back, begins to convert the barn into flats. Anne forfeits Carl's lease for breaching the covenant not to use the barn as a dwelling, but still Xena wants horse riding lessons.
(1) I am confused about the horse riding lessons - it's a leasehold covenant, but is it enforceable? I have not read any authority stating that leasehold covenants for recreation are not allowed? From the facts, it seems that the leasehold covenant to provide horse riding lessons would pass on assignment to Carl (under the old pre-1996 law, given the lease was granted in 1994)? But something tells me that the covenant can't be enforced?
If it is enforceable, assuming that Anne is entitled to forfeit Carl's lease, would Bert therefore be contractually liable to provide Xena's horse riding lessons, under the old pre-1996 law where contractual liable continued throughout the duration of the lease notwithstanding assignment? That seems like a ridiculous outcome.
(2) A second question, sorry - if a landlord has waived her right to forfeiture of a lease for a breach of tenant's covenants, can the landlord still have access to other remedies like common law damages, specific performance or distress (for commercial leases)? Is your starting point for remedies in leases cases always forfeiture, and if forfeiture is not possible move onto other remedies?