RES exam question on Tenancy, Torts & Mortgage: tenant's principal recourse
A tenant breaches a repairing covenant. The landlord, relying on a re-entry clause and after serving the proper notice, forfeits the lease and re-enters. What is the tenant's principal recourse?
- AThe tenant has no recourse once the landlord has lawfully re-entered, because forfeiture is final and cannot be reopened
- BThe tenant automatically acquires the landlord's freehold, as compensation for losing the remaining term of the lease
- CThe tenant may only claim back the security deposit, less the cost of the repairs he failed to carry out
- DThe tenant may apply to court for relief against forfeiture, and the lease may be reinstated on appropriate terms
Show answer & explanation
Answer
D. The tenant may apply to court for relief against forfeiture, and the lease may be reinstated on appropriate terms
Explanation
Equity allows a tenant to seek relief against forfeiture (commonly on remedying the breach and meeting terms), so the lease can be reinstated. Forfeiture ends the lease — it does not transfer the freehold to the tenant.
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.
Related Landlord & Tenant Law questions
- RES exam question on Tenancy, Torts & Mortgage: landlord do BEFORE exercising the right of re-entry
- RES exam question on Tenancy, Torts & Mortgage: A head-tenant deals with part of his interest in the leased premises
- RES exam question on Tenancy, Torts & Mortgage: A tenant under a head lease wants to transfer his interest
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.