RES exam question on Tenancy, Torts & Mortgage: Mr Chan's lease of his restaurant unit reserves a right of re-entry for non-payment…
Mr Chan's lease of his restaurant unit reserves a right of re-entry for non-payment of rent. The tenant owes eight months' rent, and Mr Chan starts a court action for possession on the ground that the lease is forfeited. Soon after being served, the tenant raises the full amount owed. What is the tenant's position?
- AIf he pays the arrears and costs into court in time, the action ceases and his lease continues.
- BHe has lost the lease, since serving the claim ended it and later payment does not revive it.
- CHis remedy is a refund of his security deposit, less the arrears, once the unit is re-let.
- DHe may seek relief if Mr Chan agrees, as relief is a matter for the landlord to grant.
Show answer & explanation
Answer
A. If he pays the arrears and costs into court in time, the action ceases and his lease continues.
Explanation
Answer: If he pays the arrears and costs into court in time, the action ceases and his lease continues, without a new lease.Watch out: If he misses the window, the court at trial orders possession no sooner than 4 weeks ahead unless he pays in, and once that order is enforced without payment he is barred from all relief.Rule: A landlord can forfeit only where the tenancy reserves a right of re-entry for the breach. A tenant sued to forfeit for non-payment of rent who pays all arrears and costs into court within the time for acknowledging service keeps his lease.Source: Conveyancing and Law of Property Act 1886 s 18A (2020 Rev Ed, current at 1 Oct 2026); RESPrep /learn/landlord-and-tenant-law-covenants-forfeiture, current at 1 Oct 2026
Why the other options are wrong
- Serving the claim ended the lease: Serving the claim does not put the lease beyond saving; paying in within the time for acknowledging service keeps it.
- A deposit refund less arrears: A deposit refund is not his remedy; relief against forfeiture is.
- Relief only if Mr Chan agrees: Relief is for the court to grant, not a favour for the landlord to give.
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: Eight months into a two-year tenancy at $3,500 a month, Daniel stops paying, stops…
- RES exam question on Tenancy, Torts & Mortgage: Mr Pillai's commercial tenant has been running a workshop in breach of the user covenant
- RES exam question on Tenancy, Torts & Mortgage: Kelvin has four years left on a six-year lease of a shop unit
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.