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

A worked RES examination question on landlord remedies and enforcement, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 7Landlord remedies and enforcementFree — no sign-up

The question

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)

The answer, and why

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.

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