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RES exam question on Tenancy, Torts & Mortgage: Kelvin has four years left on a six-year lease of a shop unit

HardLandlord & Tenant Law · Paper 1

Kelvin has four years left on a six-year lease of a shop unit. The lease lets him deal with it only with the landlord's written consent, which the landlord has given. Kelvin is weighing two deals: assigning the whole lease to Farah, or subletting the rear half to Gopal for two years. Which of the following statements are correct? (i) Once Farah takes the assignment, Kelvin drops out and cannot be sued for rent that Farah later fails to pay. (ii) An assignment would pass Farah the whole of Kelvin's remaining four-year term, and she would step into his shoes. (iii) Since Gopal takes the rear half for only two years, the deal would operate as an assignment of that half. (iv) A sublease to Gopal would make Kelvin his landlord, while Kelvin stays liable to the head landlord.

  1. A(ii) and (iv) only
  2. B(i), (ii) and (iv) only
  3. C(ii), (iii) and (iv) only
  4. D(i) and (iii) only
Show answer & explanation

Answer

A. (ii) and (iv) only

Explanation

Answer: (ii) and (iv) only. An assignment passes the whole remaining term but does not release Kelvin; a shorter grant is a sublease.(ii) True. An assignment transfers the whole remaining term, so Farah takes all four remaining years and steps into his shoes.(iv) True. Kelvin becomes Gopal's landlord and remains the head landlord's tenant.Rule: An assignment transfers the whole remaining term; a sublease carves a shorter tenancy out of it, and the tenant stays liable to the head landlord as sub-landlord. An assignment does not release the original tenant unless the landlord agrees.Source: RESPrep /learn/lease-vs-licence-singapore; RESPrep /learn/landlord-and-tenant-law-covenants-forfeiture; current at 1 Oct 2026

Why the other options are wrong

  • (i) False. Consent to an assignment is not a release. Kelvin's covenants are contractual, so he can still be sued if Farah defaults.
  • (iii) False. Two years out of four is shorter than Kelvin's own term, so it is a sublease. Only a grant of the whole remaining term operates as an assignment.

Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture

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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.