Question 1

Distress is the right of a landlord to seize and sell a tenant's goods to satisfy rental arrears.

Accepted Answer

Distress is a legal remedy that allows a landlord to seize and sell a tenant's personal property to recover unpaid rent.

Question 2

The major advantage to a lessee in a sale-and-lease-back transaction is that what are now rental payments are a deductible expense.

Accepted Answer

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Question 3

The day following expiry of a residential tenancy,the landlord has an absolute right to re-enter the premises.

Accepted Answer

The landlord's right to re-enter the premises after the expiry of a residential tenancy is subject to local laws, notice requirements, and potentially a court order, especially if the tenant refuses to leave.

Question 4

In the case of a periodic tenancy,after one year and in the absence of a notice to quit,the tenancy becomes a tenancy at sufferance.

Accepted Answer

In the absence of a notice to quit, a periodic tenancy is automatically renewed at the end of its term. It does not become a tenancy at sufferance.

Question 5

To be enforceable against a tenant,a lease of over three years must be registered on the title of the property.

Accepted Answer

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Question 6

List the right of,and the duties imposed upon a landlord and tenant at common law,and the remedies available to each party.

Accepted Answer

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Question 7

A water purifier attached to a residence by a tenant at his own expense may not be removed by him on expiry of the lease.

Accepted Answer

According to most lease agreements, any improvements or additions made to the property by the tenant at their own expense become part of the property and cannot be removed upon expiry of the lease. Therefore, a water purifier attached by the tenant at their own expense cannot be removed by them upon expiry of the lease.

Question 8

One individual may be both the landlord and tenant for the same parcel of land.

Accepted Answer

This is possible if the individual owns multiple units or buildings on the same parcel of land and leases one of them out to themselves for business or residential purposes.

Question 9

No lease other than a written lease may be brought before the Courts for enforcement.

Accepted Answer

Oral leases can also be enforced by courts, especially for lease terms that are shorter than a period specified by law (often one year), depending on the jurisdiction's statute of frauds.

Question 10

Where the leased premises are subject to a covenant that runs with the land,a third party with the right to enforce the covenant should sue the lessor for a breach of that covenant.

Accepted Answer

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Question 11

Discuss the application of the Statute of Frauds and the requirement of registration with respect to leasehold interests,give reasons why these conditions are imposed,and explicitly treat the situation of a lease of indefinite term.

Accepted Answer

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Question 12

Smitty leased an apartment from Batten that was located immediately above Batten's shop.Smitty moved into possession on a monthly tenancy.The noise created by Batten in his shop disturbed Smitty,although it would not disturb most people.Smitty has quiet enjoyment of the premises.

Accepted Answer

Smitty has the right to quiet enjoyment of the premises, which means he has the right to live in peace and quiet without interference from the landlord or other tenants. The noise created by Batten's shop violates this right and disturbs Smitty's peace and quiet, even if it would not disturb most people.

Question 13

A lease creates both privity of estate and privity of contract between the lessee and the landlord.

Accepted Answer

A lease creates privity of estate, which is the relationship between the tenant and the landlord with respect to the ownership of the property, and privity of contract, which is the relationship between the tenant and the landlord with respect to the terms of the lease agreement.

Question 14

The legal responsibility for payment of property tax,even if provided for in the lease,rests with the lessee.

Accepted Answer

The legal responsibility for payment of property tax ultimately rests with the property owner, although the lease agreement can stipulate that the lessee is responsible for these payments.

Question 15

A lease which does not specify a definite term to expiry but where rent is paid monthly (a)renews itself monthly,and (b)need not be in writing.

Accepted Answer

A periodic tenancy renews itself automatically on a periodic basis, usually monthly or annually, until it is terminated by either party giving proper notice. It can be created orally or in writing, meaning that it need not be in writing.

Question 16

Larry entered into a two-year lease with Ned,the landlord,to rent a small plot of land for a garden.Once the lease was made,Larry promptly sublet the land to Nayib.Larry would be liable on the lease,even though the property was now in the possession of Nayib.

Accepted Answer

Larry is still liable on the lease agreement he made with Ned, regardless of whether or not he sublets the land to Nayib. The subletting arrangement does not release Larry from his obligations under the original lease.

Question 17

Where a tenant sublets,privity of contract between himself and the landlord comes to an end.

Accepted Answer

When a tenant sublets, privity of contract between himself and the landlord continues. The original lease agreement between the tenant and the landlord remains in effect and the subtenant becomes the tenant's tenant. The tenant remains responsible to the landlord for the performance of the original lease agreement, including paying rent and maintaining the property.

Question 18

Larry entered into a two-year lease with Ned,the landlord,to rent a small plot of land for a garden.Once the lease was made,Larry promptly sublet the land to Nayib.Once the subtenancy is established,Nayib may remove any trees on the property.

Accepted Answer

Nayib, as a subtenant, generally does not have the right to remove trees or make significant alterations to the property without the landlord's permission, as such actions could violate the terms of the original lease agreement between Larry and Ned.

Question 19

Larry entered into a two-year lease with Ned,the landlord,to rent a small plot of land for a garden.Once the lease was made,Larry promptly sublet the land to Nayib.A sublease must terminate at a point in time on or before the point in time that the lease between Larry and Ned expires.

Accepted Answer

A sublease must always terminate before the original lease expires. So, if Larry's lease with Ned is for two years, the sublease he made with Nayib must terminate at a point in time on or before the two-year mark.

Question 20

Larry entered into a two-year lease with Ned,the landlord,to rent a small plot of land for a garden.Once the lease was made,Larry promptly sublet the land to Nayib.Nayib must pay rent to Ned under the sublease.

Accepted Answer

In a sublease, the original tenant (Larry) remains responsible for paying rent to the landlord (Ned), while the subtenant (Nayib) pays rent to the original tenant (Larry), not directly to the landlord.

Quiz 24: Leasehold Interests