RES exam question on Tenancy, Torts & Mortgage: Siew Lan holds a three-year lease of an office unit from Mr Yeo
Siew Lan holds a three-year lease of an office unit from Mr Yeo. The lease deals with rent, repairs and use, but says nothing at all about assignment or subletting. Siew Lan's company is moving, and she wants to assign the lease to a friend's firm without asking Mr Yeo. Which of the following statements is/are correct? (i) Since the lease is silent, Siew Lan may assign or sublet without first obtaining Mr Yeo's consent. (ii) A covenant not to assign without consent is implied into every lease, so Siew Lan needs Mr Yeo's written consent. (iii) Since the lease is silent, Mr Yeo may treat an assignment as a breach and forfeit the lease. (iv) An assignment would end Siew Lan's liability on her covenants, since Mr Yeo had no right to object to it.
- A(i) only
- B(i) and (iv) only
- C(ii) and (iii) only
- D(ii) only
Show answer & explanation
Answer
A. (i) only
Explanation
Answer: (i) only. A lease is freely alienable at common law; the need for consent comes only from an express covenant.(i) True. With no express covenant against assignment, Siew Lan may assign or sublet without Mr Yeo's consent.Rule: A leasehold estate is freely alienable unless an express covenant requires the landlord's consent. An original tenant's covenants are contractual and survive an assignment unless the landlord releases her.Source: RESPrep /learn/landlord-and-tenant-law-covenants-forfeiture; RESPrep /learn/lease-vs-licence-singapore; current at 1 Oct 2026
Why the other options are wrong
- (ii) False. No such covenant is implied; it has to be written in. That is why tenancy agreements usually bar assignment or subletting without the landlord's written consent.
- (iii) False. Forfeiture needs a breach and a reserved right of re-entry. With no covenant against assignment there is no breach to forfeit for.
- (iv) False. Mr Yeo could not object, yet her own promises to pay rent and observe the covenants still bind her after she assigns.
Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture
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