Chapter 12 Self-test questions

Which of the following covenants in a lease cannot be enforced by a remedy of specific performance?

A covenant by a tenant to perform repairs.

A covenant by a tenant to carry on a particular trade at the leased premises.

A covenant by a landlord to perform repairs.

None of the above.

All of the above.

When will a landlord have a right to forfeit a lease?

Only when the term of the lease has expired.

Only when the tenant has breached an obligation in the lease.

Only when the tenant has breached an obligation in the lease, and the landlord has expressly reserved a right of re-entry in the event of breach of that obligation.

None of the above.

Which of the following acts will count as waiver of a breach for the purposes of the right of forfeiture?

The landlord writes to her tenants to inform them that she will not be pursuing any remedy for that breach.

The landlord writes to her tenants to inform them that she will not be pursuing the remedy of forfeiture for that breach.

The landlord, knowing of the breach, writes to her tenants with a demand for the payment of rent.

The landlord, knowing of the breach, receives a payment of rent into her bank account and does nothing to repay it.

A granted a lease to B, which stated that it was a 'condition' of the lease that B should keep no pets. On a visit to the premises, A discovered that B was keeping a lizard and told him, orally, that 'your tenancy is over'. She has now brought an order for possession against B, arguing that she has exercised her right of forfeiture and is entitled to recover possession. Will she succeed in getting the order?

No, the breach is not serious enough to justify A having a right of forfeiture.

No, because A has not given B proper notice of her intention to forfeit—the notice should have been in writing.

Yes.

No, because A has not given B proper notice of her intention to forfeit—the notice should have been by deed and should have required B to remedy the breach by getting rid of his lizard.

No, because A has not given B proper notice of her intention to forfeit—the notice should have been in writing and should have required B to remedy the breach by getting rid of his lizard.

A granted a 10-year lease to B, which stated that the lease had the following 'conditions': B should not sub-let without A's consent, should not use the premises for immoral purposes, and should keep the property in good repair. Nine years later, A discovers that B has sub-let the property to C, who has been using it to run a human trafficking operation and has also allowed the property to fall into such a state of disrepair that it would take two years to fix. What must A do in order to recover possession of the property?

Nothing—she can take immediate possession, without more, because the breaches are so serious.

She must serve a written notice on B, stating that she intends to forfeit the lease and offering B time to remedy the breach by forfeiting C's sublease and making whatever repairs to the property can be made within the next year.

She must serve a written notice on B, stating that she intends to forfeit the lease. She does not need to say why, since the breaches are so obvious.

She must serve a written notice on B, stating that she intends to forfeit the lease. She does need to say why but does not need to give B time to remedy the breaches, since they are incapable of being remedied.

None of the above—she has no right to forfeit the lease.

Which of the following have the right to apply for relief against forfeiture of a lease?

Only the tenant under that lease.

Only the tenant under that lease, and any subtenants.

Only the tenant under that lease, and any subtenants and mortgagees.

Only the tenant under that lease, and anyone with a derivative interest in the lease (subtenants, mortgagees, grantees of easements, beneficiaries under a trust of the lease).

Any occupier or user of the land who would be negatively affected by the forfeiture.

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