An assignment or a sublet leaves the outgoing tenant liable
A worked RES examination question on assignment sublet and reversion, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
Ms Kwek wants to hand the unit to Mr Devar and be fully released for the rest of the term. What best achieves this?
The answer, and why
Answer: D
The rule. To substitute a new tenant and fully release the outgoing one, a novation is used, signed by landlord, outgoing tenant and incoming tenant. An assignment or a sublet leaves the outgoing tenant liable.
Why D is correct. A novation signed by Greenfield, Ms Kwek and Mr Devar would discharge Ms Kwek and put Mr Devar in her place — the full release she wants.
The other options.
- B uses a sublet, leaving Ms Kwek liable.
- C uses an assignment, which also keeps her liable.
- A says she can never leave early. Novation lets her.
Exam note. Full release of a tenant needs a novation signed by all three. Assignment and subletting keep her liable.
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