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75563
Termination of Leases at Common Law
Description
Landlord and Tenant Law Quiz on Termination of Leases at Common Law, created by nathan_hutchings on 07/05/2013.
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landlord and tenant law
landlord and tenant law
Quiz by
nathan_hutchings
, updated more than 1 year ago
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Created by
nathan_hutchings
about 11 years ago
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Resource summary
Question 1
Question
How many ways are there to terminate a lease at common law?
Answer
6 however there are two under Surrender (8)
5 however there are two under Surrender (7)
8
7
6
Question 2
Question
Notice to quit
Answer
periodic tenancy
fixed term
Can only end when one party serves notice to terminate on other party
Can only end when Tenant serves notice to terminate on Landlord
Can only end when Landlord serves notice to terminate on Tenant
With no express stipulation usually has to be one period
With no express stipulation usually has to be two periods
Question 3
Question
Effluxion of time
Answer
Period tenancy
fixed term
Lease expires automatically at end of lease
Lease expires when tenat gives notice at end of lease
Question 4
Question
Break clause
Answer
periodic tenancy
fixed term
Question 5
Question
Lease for fixed term can terminate before end of contractual term if lease contains..
Answer
Break clause
Merger
Question 6
Question
Tenant agrees with immediate landlord lease should expire before end of contractual term
Answer
Surrender
Notice to quit
Merger
Forfeiture
Question 7
Question
Must be made by deed unless lease not created by deed and is in section 54 (2) LPA 1925 or created in equity
Answer
Express surrender
Implied Surrender
Surrender must be same way as lease - deed/written/oral
Surrender must not be same way as lease - deed/written/oral
Question 8
Question
By operation of law due to conduct of parties
Answer
Implied surrender
Expressed surrender
Question 9
Question
Implied surrender requirements
Answer
Tenant must perform positive act inconsistent with continued existence of tenancy
Landlord must perform positive act of acceptance of surrender
or variation of existing lease
Landlord must perform positive act inconsistent with continued existence of tenancy
Tenant must perform positive act of acceptance of surrender
Question 10
Question
Landlord can terminate lease when tenant is in breach of covenant
Answer
Forfeiture
Merger
Surrender
Implied Surrender
Remedy available to Landlord's only
Remedy available to Tenant's only
Question 11
Question
Merger
Answer
Occurs when tenant acquires immediate Landlord's reversion
Landlord can terminate lease when tenant is in breach of covenant
lease extinguished
Question 12
Question
What are all the ways to terminate a lease at common law
Answer
Notice to quit
Effluxion of team
Surrender - Implied
Surrender - Implied & Expressed
Forfeiture
Merger
Break clause
Statutory notice procedure
Section 25
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