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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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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