RES exam question on Tenancy, Torts & Mortgage: Mr Pillai's commercial tenant has been running a workshop in breach of the user covenant
Mr Pillai's commercial tenant has been running a workshop in breach of the user covenant. On 2 September 2026, without writing to the tenant first, Mr Pillai changes the locks and posts a notice on the shutter declaring the lease forfeited. There are no rent arrears. Which of the following statements is/are correct? (i) Since the breach is of a user covenant and not of the rent covenant, s 18 required a notice before any re-entry. (ii) The notice had to specify the breach, require it to be remedied if it can be, and require compensation. (iii) Since no rent is owed, the tenant has no claim to relief against forfeiture.
- A(i) and (ii) only
- B(i), (ii) and (iii) only
- C(ii) and (iii) only
- D(i) only
Show answer & explanation
Answer
A. (i) and (ii) only
Explanation
Answer: (i) and (ii) only. A user-covenant breach needs a prior s 18 notice with three elements, and relief is not confined to rent arrears.(i) True. A user covenant is within s 18. Only covenants against assigning, under-letting, parting with possession or disposing of the land, and bankruptcy or execution conditions, are excluded by s 18(8).(ii) True. Specify the breach, require remedy if it can be remedied, and require compensation: those are the notice's three elements.Watch out: The shutter notice, posted after the lock change, cannot stand in for a prior notice.Rule: Re-entry for a covenant breach is unenforceable unless a prior notice is served and the tenant fails to comply within a reasonable time; forfeiture for rent is outside the section. The tenant may apply for relief while the landlord is enforcing.Source: Conveyancing and Law of Property Act 1886 s 18(1), s 18(2), s 18(8), s 18(9); sso.agc.gov.sg, read 1 Oct 2026
Why the other options are wrong
- (iii) False. Relief under s 18(2) exists for non-rent breaches. It is not confined to arrears.
Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture
Practise more Landlord & Tenant Law questions
Drill the full Landlord & Tenant Law bank with instant answers and explanations — free to start, no card needed.
Try a timed set: sit a free RES mock exam, no sign-up needed. Or see the passes for the full question bank.
Related Landlord & Tenant Law questions
- RES exam question on Tenancy, Torts & Mortgage: Siew Lan holds a three-year lease of an office unit from Mr Yeo
- RES exam question on Tenancy, Torts & Mortgage: Eight months into a two-year tenancy at $3,500 a month, Daniel stops paying, stops…
- RES exam question on Tenancy, Torts & Mortgage: Mr Chan's lease of his restaurant unit reserves a right of re-entry for non-payment…
Get each day's lesson free — one RES topic + the trap, every day on Telegram.
Join @resprepsg →Original study material mapped to the public CEA RES syllabus. Verify any rate-based figures against current IRAS/CPF/MAS rules before relying on them.