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CELE SQE1 模拟练习

Examination Timing: 00H01M47S

SpeedyMove Limited is the freehold owner of a building in Oldcastle city centre. The building has two units at street level. SpeedyMove uses one of these as an estate agent's office and has let the other on a ten-year lease to Jane, who uses it as a bistro. The lease to Jane contains a covenant preventing her from assigning the lease without the prior written consent of her landlord. Jane wishes to sell her unit to SnazzyMove Limited, another estate agent and competitor of SpeedyMove. SpeedyMove has withheld its consent to Jane assigning her lease of the unit. Jane is having trouble finding another buyer and SpeedyMove is refusing to accept a sublease and is insisting on an assignment. In protest, Jane refuses to pay her rent. SpeedyMove has asked for your advice as to what it can do in the circumstances. 

How would you advise SpeedyMove?

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SpeedyMove can bring an action for recovery of the rent as a debt, levy CRAR, or commence action to forfeit the lease. Under the remedies available for commercial rent arrears, the landlord has the options of debt recovery, CRAR, and forfeiture. Commercial Rent Arrears Recovery (CRAR) allows a landlord to seize goods to recover rent arrears without needing to go to court, and forfeiture allows the landlord to terminate the lease due to breach of covenant, such as non-payment of rent. Key Point: In commercial leases, landlords have multiple remedies for dealing with rent arrears, including debt recovery, CRAR, and forfeiture, depending on the specific circumstances and terms of the lease.



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