Landlord Remedies Flashcards
(12 cards)
Which of the following is required for a valid Commercial Rent Arrears Recovery (CRAR)?
A. At least 7 days’ principal rent must be owed
B. The lease must be forfeited
C. The premises must include residential use
D. Rent must be at least 12 months overdue
A. At least 7 days’ principal rent must be owed
Explanation: CRAR only applies when 7+ days’ principal rent is owed, and the lease is ongoing.
What is the remedy where a landlord orders a tenant to do something, such as repairing the property?
A. Injunction
B. Damages
C. CRAR
D. Specific performance
D. Specific performance
Explanation: This equitable remedy compels performance of a lease obligation. Rare and discretionary.
How long can a landlord claim unpaid rent through an action in debt?
A. Three years
B. Six years
C. Eight years
D. Two years
B. Six years
Explanation: Claims in debt (e.g. unpaid rent) are subject to a 6-year limitation period.
A landlord’s lease includes a rent deposit clause. The tenant falls 3 months behind on rent. What should the landlord do first?
A. File for forfeiture
B. Seek specific performance
C. Send a section 25 notice
D. Use the rent deposit
D. Use the rent deposit
Explanation: Rent deposits are often quicker and less confrontational than court action.
What is one limitation of relying on a rent deposit as a remedy?
A. It is not contractually enforceable
B. The tenant must agree to use it
C. It may be insufficient to cover total arrears
D. It can only be used for service charges
C. It may be insufficient to cover total arrears
Explanation: Rent deposits often cover up to 6 months’ rent, so may fall short in large breaches.
A landlord wants to recover rent owed from a commercial tenant whose lease is still in place. What remedy applies?
A. Commercial Rent Arrears Recovery (CRAR)
B. Action for possession
C. Injunction
D. Statutory compensation
A. Commercial Rent Arrears Recovery (CRAR)
Explanation: CRAR is designed for ongoing leases with rent arrears on commercial premises.
A tenant assigns a new lease and defaults. The landlord has an AGA from the former tenant. What can the landlord do?
A. Nothing – original tenant is released
B. Seek forfeiture
C. Enforce the AGA
D. Sue the assignee’s bank
C. Enforce the AGA
Explanation: An AGA binds the former tenant to guarantee the performance of the assignee.
The landlord suspects the tenant will unlawfully sublet. What equitable remedy could they seek?
A. Forfeiture
B. Injunction
C. Action in debt
D. Rent deposit withdrawal
B. Injunction
Explanation: An injunction prevents future or ongoing breaches and is appropriate for preemptive action.
Which of the following cannot be recovered through CRAR?
A. Service charge
B. Principal rent
C. VAT on rent
D. Interest on rent
A. Service charge
Explanation: CRAR only applies to principal rent, VAT and interest — not service charges or insurance rent.
Which of the following is most likely to maintain a positive relationship while still enforcing rights?
A. Specific performance
B. Forfeiture
C. Court action for damages
D. Drawing from the rent deposit
D. Drawing from the rent deposit
Explanation: Rent deposits provide quick relief without harming landlord–tenant relations.
A landlord is enforcing a repairing obligation. The lease provides other remedies. Why might the court refuse specific performance?
A. Tenant has no funds
B. The breach was minor
C. There is an adequate alternative remedy
D. The landlord delayed
C. There is an adequate alternative remedy
Explanation: Specific performance is only granted if damages or other remedies are inadequate.
What must a landlord do before an enforcement agent can act under CRAR?
A. Serve section 146 notice
B. Give seven clear days’ written notice
C. Obtain a court order
D. Instruct the tenant’s solicitor
B. Give seven clear days’ written notice
Explanation: CRAR requires strict notice procedure before goods can be seized.
