Forfeiture Flashcards
(12 cards)
Which of the following breaches allows a landlord to forfeit the lease without first serving a section 146 notice?
A. Non-payment of rent
B. Failure to repair
C. Unlawful subletting
D. Breach of user clause
A. Non-payment of rent
Explanation: Section 146 is not required for rent arrears; the landlord may proceed directly.
What is the function of a section 146 notice?
A. To waive the right to forfeit
B. To terminate a tenancy automatically
C. To demand possession from a mortgagee
D. To warn a tenant of breach and give time to remedy
D. To warn a tenant of breach and give time to remedy
Explanation: Section 146 notice must be served before forfeiture for any breach except rent.
What is peaceable re-entry?
A. A statutory requirement under the LTA 1954
B. A court order requiring re-entry
C. A landlord’s right to take back possession without court proceedings
D. A mediation process between landlord and tenant
C. A landlord’s right to take back possession without court proceedings
Explanation: Peaceable re-entry involves changing locks and regaining the premises physically.
Which of the following does not qualify as a continuing breach?
A. Failure to comply with insurance obligations
B. Unlawful assignment
C. Failure to repair
D. Breach of user covenant
B. Unlawful assignment
Explanation: An unlawful assignment is a once-and-for-all breach. Once waived, forfeiture is lost.
A tenant is three months behind on rent. The landlord changes the locks at 5 a.m. without giving any notice. Is this permitted?
A. No – s146 notice is always required
B. No – forfeiture must be approved by the court
C. Yes – only if the tenant agrees
D. Yes – for rent arrears, peaceable re-entry is allowed
D. Yes – for rent arrears, peaceable re-entry is allowed
Explanation: The landlord may use peaceable re-entry for non-payment of rent if allowed by the lease.
A tenant unlawfully assigns the lease. The landlord knows about it but accepts rent from the new tenant. What is the legal result?
A. The landlord can apply to court for eviction
B. The landlord has waived the right of forfeiture
C. The lease ends automatically
D. The assignment is nullified
B. The landlord has waived the right of forfeiture
Explanation: Accepting rent after knowing of the breach waives the right to forfeit that breach.
A tenant breaches a repairing obligation. The landlord accepts rent afterwards. Can the landlord still forfeit?
A. Yes – it is a continuing breach
B. No – acceptance waives the right permanently
C. Only after a court order
D. Yes – but only if tenant consents
A. Yes – it is a continuing breach
Explanation: Landlord can reassert forfeiture daily if the breach is ongoing, like disrepair.
The landlord issues proceedings for forfeiture due to unpaid rent. The tenant pays arrears and applies for relief. What will the court likely do?
A. Refuse relief
B. Grant damages only
C. Grant relief and restore the lease
D. Convert lease to tenancy at will
C. Grant relief and restore the lease
Explanation: Courts usually grant relief if arrears and costs are paid promptly.
Which of the following will not constitute waiver of the right to forfeit?
A. Accepting rent after knowing of breach
B. Renewing the tenant’s insurance policy
C. Sending a letter acknowledging the lease continues
D. Serving a section 146 notice
D. Serving a section 146 notice
Explanation: Serving s146 is enforcing forfeiture, not waiving it.
Which party may also apply for relief from forfeiture besides the tenant?
A. Mortgagee or undertenant
B. Guarantor
C. Landlord’s agent
D. Rent deposit trustee
A. Mortgagee or undertenant
Explanation: Relief can be granted to those with a legal interest, including mortgagees and subtenants.
If the court grants relief from forfeiture, what is the legal effect?
A. Lease is terminated but damages are awarded
B. Lease is restored as if forfeiture never occurred
C. Lease is restarted with new terms
D. Lease converts into a tenancy at will
B. Lease is restored as if forfeiture never occurred
Explanation: Relief reinstates the lease in full, with continuity preserved.
Which of the following best describes an insolvency event under a typical commercial lease?
A. Late payment of service charge
B. Property falling into disrepair
C. Appointment of an administrator or bankruptcy
D. Illegal subletting without consent
C. Appointment of an administrator or bankruptcy
Explanation: Insolvency events trigger potential forfeiture under many commercial leases.
