Landlord Strategy for Tenant Breaches Flashcards
(13 cards)
Which remedy allows full cost recovery as a debt rather than limited damages for breach of repair?
A. Damages
B. Forfeiture
C. Rent deposit
D. Self-help (Jervis v Harris clause)
D. Self-help (Jervis v Harris clause)
Explanation: This clause allows landlords to enter, carry out repairs, and recover the full cost as a debt, bypassing the limitations on damages.
Which party besides the tenant can apply for relief from forfeiture?
A. The competent landlord
B. The subtenant or mortgagee
C. The letting agent
D. The freeholder
B. The subtenant or mortgagee
Explanation: Relief from forfeiture is available not only to the tenant but also to parties who derive their interest from the lease.
If a landlord accepts rent after knowing of a breach, what might occur?
A. Automatic renewal of lease
B. Waiver of the right to forfeiture
C. Creation of a new lease
D. Termination of tenant obligations
B. Waiver of the right to forfeiture
Explanation: Accepting rent with knowledge of a breach can waive the right to forfeit for that breach.
A landlord wants to enforce repair obligations but is concerned about limited damages. What is the best remedy?
A. Specific Performance
B. CRAR
C. Injunction
D. Self-help (Jervis v Harris clause)
D. Self-help (Jervis v Harris clause)
Explanation: This remedy lets the landlord carry out repairs and recover the full cost as a debt without needing a court order.
Which breach type allows the landlord to regain the right to forfeit each day the breach continues?
A. Non-payment of rent
B. Unlawful assignment
C. Insolvency
D. Failure to repair
D. Failure to repair
Explanation: This is a continuing breach, so the landlord regains the right to forfeit as long as the breach persists.
Which of the following remedies allows a landlord to recover unpaid principal rent without court proceedings?
A. CRAR (Commercial Rent Arrears Recovery)
B. Specific Performance
C. Damages
D. Injunction
A. CRAR (Commercial Rent Arrears Recovery)
Explanation: CRAR is a self-help remedy used to recover principal rent from commercial premises without court involvement.
What is the main limitation of CRAR?
A. It requires tenant consent
B. It can only recover rent for residential property
C. It only applies to principal rent in commercial property
D. It requires a court order
C. It only applies to principal rent in commercial property
Explanation: CRAR cannot be used for residential premises or to recover service charge or other non-rent charges.
What is a key advantage of using a guarantor to recover losses?
A. They must take a new lease
B. They automatically take possession
C. They may have greater financial resources
D. They are exempt from forfeiture rules
C. They may have greater financial resources
Explanation: Guarantors can offer financial stability and may cover losses if the tenant is unable to do so.
Which remedy is most effective when the lease includes a Jervis v Harris clause and the tenant has failed to repair?
A. Forfeiture
B. Specific Performance
C. Self-help (Jervis v Harris clause)
D. Damages
C. Self-help (Jervis v Harris clause)
Explanation: This clause allows the landlord to act quickly, make repairs, and recover costs in full.
A tenant breaches a user clause. What is the most suitable remedy to stop the breach before it happens?
A. Injunction
B. Damages
C. Debt action
D. Forfeiture
A. Injunction
Explanation: An injunction is used to prevent an anticipated or ongoing breach of lease terms.
What legal hurdle applies before a landlord can forfeit a lease for breach of repair obligations in a qualifying lease?
A. Rent deposit must be exhausted
B. Tenant must agree in writing
C. Landlord must obtain court leave after counter-notice
D. Lease must be registered
C. Landlord must obtain court leave after counter-notice
Explanation: Under the LPRA 1938, tenants of long leases with at least three years remaining can require court leave before forfeiture proceeds.
Which remedy is least likely to be granted for tenant breach of repair obligations?
A. Damages
B. Forfeiture
C. Specific Performance
D. CRAR
C. Specific Performance
Explanation: Specific performance is rarely ordered for breaches of repair due to practical enforcement difficulties.
A landlord wants to stop a tenant from unlawfully assigning the lease next week. What remedy is most appropriate?
A. Damages
B. Injunction
C. Forfeiture
D. Rent deposit
B. Injunction
Explanation: An injunction is the best way to prevent an unlawful assignment before it occurs.
