RES exam question on Tenancy, Torts & Mortgage: A tenant under a head lease wants to transfer his interest
A tenant under a head lease wants to transfer his interest: Option 1: assign the entire lease to a third party; Option 2: sublet part to a sub-tenant; The head lease requires landlord's consent to deal with the lease. Which is/are correct? (i) An assignment transfers the whole of the tenant's interest to the assignee (ii) A sublease creates a new lesser interest, with the head tenant remaining liable under the head lease (iii) After an assignment, the original tenant always remains the landlord's tenant in possession (iv) Both typically require the landlord's consent where the lease so provides
- A(i) and (iv) only
- B(i), (iii) and (iv) only
- C(i), (ii) and (iv) only
- D(ii) and (iv) only
Show answer & explanation
Answer
C. (i), (ii) and (iv) only
Explanation
(i) is correct: an assignment transfers the whole of the tenant's interest to the assignee. (ii) is correct: a sublease creates a new lesser interest while the head tenant remains liable under the head lease. (iv) is correct: both dealings typically require the landlord's consent where the lease so provides, so the answer is (i), (ii) and (iv) only.
Why the other options are wrong
- (iii) is wrong: after assignment the assignee steps into the tenant's shoes, so the original tenant is not the tenant in possession.
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: A head tenant under a 3-year lease wants to transfer his interest
- 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 stops paying rent and abandons the unit mid-term, leaving belongings behind
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.