A longer term is beyond his capacity until he reaches twenty-one
A worked RES examination question on capacity and foreign approval, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A twenty-year-old, working and living away from his family, wants to sign a lease for a flat. The landlord is willing to grant a five-year term, and the young man is keen to lock in the rent for as long as he can before prices rise further.
Which statement is correct?
The answer, and why
Answer: D
The rule. A person aged eighteen but under twenty-one may take a lease, but only for a term of up to three years. A longer term is beyond his capacity until he reaches twenty-one.
Why D is correct. The tenant is twenty, so he may lease, but the five-year term exceeds the three-year ceiling for someone under twenty-one. He may take a lease of no more than three years.
The other options.
- B gives him the full five years. His term is capped at three while he is under twenty-one.
- C bars him from any lease. He may lease from eighteen, subject to the cap.
- A makes it turn on his parents signing. The cap is on the term, not cured by a parental signature.
Exam note. Eighteen to under twenty-one: leases allowed, but no more than three years. Capacity to lease is not the same as capacity to lease for any length.
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