An independent RES exam study resource — not a Government website and not affiliated with the Council for Estate Agencies (CEA).Find My OrderHow to identify official CEA sources
Browse Papers
Home / Free RES questions / Landlord remedies and enforcement

Paper 1 · Lesson 7 — Leases and Tenancies

Landlord remedies and enforcement

The landlord's remedies: forfeiture / re-entry, distress (12-month arrears cap), the Small Claims Tribunal, double rent on holdover.

2 questionsAnswers & explanations includedFree — no sign-up

Question 1

A landlord has let a residential flat to a tenant on an eighteen-month tenancy. The tenant has stopped paying rent and shows no sign of leaving. The landlord wants to understand the remedies open to him against this tenant, and where so small a residential rent dispute might be resolved without the expense of a full court action.

Consider the following statements.

  1. (i) He may claim damages against the tenant for the unpaid rent.
  2. (ii) He may seek specific performance to compel the tenant to perform an obligation under the lease.
  3. (iii) He may seek an injunction, for instance to stop the tenant re-entering after any eviction.
  4. (iv) He may take the dispute to the Small Claims Tribunal, the tenancy being residential and within two years.
  1. A. (i), (ii) and (iii)
  2. B. (i), (ii), (iii) and (iv)
  3. C. (i) and (iii)
  4. D. (ii), (iii) and (iv)
Show the answer and full explanation

Answer: B

The rule. The implied remedies for breach of a lease are damages, specific performance and an injunction. A residential lease dispute where the term does not exceed two years may be taken to the Small Claims Tribunal.

Why B is correct. All four are open to this landlord — damages for the unpaid rent, specific performance, an injunction, and the Small Claims Tribunal, the tenancy being residential and within the two-year limit.

The other options.

  • A drops the Small Claims Tribunal point at (iv).
  • C keeps only two remedies and misses specific performance.
  • D drops damages at (i).

Exam note. Damages, specific performance, injunction — and the Small Claims Tribunal for short residential leases. All four hold here.

The implied remedies for breach of a lease are damages, specific performance and an injunction →

Question 2

A tenant of a shop has left months of rent unpaid, and the landlord obtains a writ of distress to seize and sell goods on the premises to recover the arrears. Among the things there are the tenant's trading stock, his own clothing and bedding kept in a rear room, and a display fridge that in fact belongs to a drinks supplier. The tenant is anxious about what can be taken and over what period the arrears may be claimed.

Consider the following statements.

  1. (i) The arrears the landlord may recover under the writ are capped at twelve months.
  2. (ii) The tenant's clothing and bedding in the rear room cannot be seized.
  3. (iii) The supplier's display fridge, not being the tenant's, cannot be seized.
  4. (iv) Everything on the premises may be seized, whoever it belongs to.
  1. A. (i) and (iv)
  2. B. (i), (ii), (iii) and (iv)
  3. C. (ii) and (iii)
  4. D. (i), (ii) and (iii)
Show the answer and full explanation

Answer: D

The rule. Under a writ of distress the landlord may claim up to twelve months' arrears of rent. Certain goods cannot be seized — among them the tenant's clothing and bedding, goods needed for his trade, and goods on the premises that do not belong to the tenant.

Why D is correct. (i), (ii) and (iii) are correct — the arrears are capped at twelve months, and the tenant's clothing and bedding and the supplier's fridge (not the tenant's) are all beyond seizure. (iv) is false: not everything on the premises may be seized.

The other options.

  • B adds the false (iv), allowing seizure of everything.
  • C drops the twelve-month limit at (i).
  • A takes the false (iv) and drops the protected goods.

Exam note. Distress reaches up to twelve months' arrears, but not clothing, bedding, trade goods, or goods that are not the tenant's.

Under a writ of distress the landlord may claim up to twelve months' arrears of rent →

Practise it under exam conditions

Single questions test whether you know a rule. The paper tests whether you can find it in a scenario, at speed, with three plausible alternatives in the way. Start with the free 20-question half-paper.

Free 20-question paperThe papers in PDF

Looking for past-year papers? CEA doesn't publish them — here's what it does publish.

Independent study material. Not affiliated with or endorsed by the Council for Estate Agencies. No pass guarantee — for study use only.