RES exam question on Tenancy, Torts & Mortgage: Eight months into a two-year tenancy at $3,500 a month, Daniel stops paying, stops…
Eight months into a two-year tenancy at $3,500 a month, Daniel stops paying, stops answering calls and moves out, leaving furniture and boxes in the flat. He keeps the keys. His landlord, Mdm Goh, asks her salesperson what her position is now. Which of the following statements is/are correct? (i) Mdm Goh may sue Daniel for the unpaid rent as a debt due under the tenancy agreement. (ii) Since Daniel has moved out, the tenancy ended on the day he left and no further rent accrues. (iii) Mdm Goh may sell the furniture Daniel left behind and apply the proceeds to the arrears herself. (iv) If Mdm Goh re-lets the flat to someone else, that conduct can amount to accepting a surrender.
- A(i), (ii) and (iv) only
- B(i) and (iii) only
- C(ii), (iii) and (iv) only
- D(i) and (iv) only
Show answer & explanation
Answer
D. (i) and (iv) only
Explanation
Answer: (i) and (iv) only. Rent stays owed until Mdm Goh accepts a surrender, and she can reach Daniel's goods only through the court.(i) True. Arrears of rent can be sued for as a debt due under the tenancy agreement.(iv) True. Re-letting is conduct inconsistent with the tenancy continuing, so it can amount to accepting a surrender.Rule: A tenancy ends early by surrender only where the landlord agrees, in words or by conduct. Distress for rent is a statutory process through the court, and no landlord may distrain outside it.Source: Distress Act 1934 s 4; RESPrep /learn/landlord-and-tenant-law-covenants-forfeiture; the RESPrep study notes, 'How a lease ends'; current at 1 Oct 2026
Why the other options are wrong
- (ii) False. Moving out is not surrender. The tenancy continues, and rent keeps accruing, until Mdm Goh accepts a surrender or it is otherwise ended.
- (iii) False. Selling the tenant's goods herself is self-help distress, which the Act forbids. Distress goes through the court.
Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture
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