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Free RES exam practice · Paper 1

Licences, Leases & Negligence: RES exam practice questions

10 free questions on licences vs leases, formalities, leasing rules, implied covenants, forfeiture, assignment and the tort of negligence. Try each one, then tap “Show answer” for the answer and why the other options are wrong.

Question 1BeginnerBare & contractual licences

A bare licence is __________.

  1. Aa personal permission to be on another’s land, given without any payment
  2. Ba permission, granted under a contract, to occupy land for a fixed period for a fee
  3. Ca right to exclusive possession of land for a certain term
  4. Da right over a neighbour’s land that benefits the holder’s own land
Show answer

Answer: A. a personal permission to be on another’s land, given without any payment

A bare (gratuitous) licence is a mere personal permission given without consideration, such as an invitation to a friend to come for dinner; without it the visitor would be a trespasser. Permission given for a fee is a contractual licence, and exclusive possession for a certain term is the mark of a lease.

Question 2BeginnerTemporary Occupation Licences

Under the State Land Rules, a Temporary Occupation Licence (TOL) over State land must be for a term of __________.

  1. Aless than 10 years
  2. Bnot more than 3 years
  3. Cless than 30 years
  4. Dnot more than 99 years
Show answer

Answer: A. less than 10 years

The State Land Rules require every TOL to be for a term of less than 10 years; a longer occupation needs a fresh TOL. The period is sometimes described as “not exceeding 10 years”, but the Rules’ wording is less than 10 years.

Question 3BeginnerFormalities & registration

Under the Land Titles Act, a lease can be registered only if its term is expressed to exceed __________.

  1. A7 years, counting any option to renew
  2. B3 years, counting any option to renew
  3. C7 years, not counting any option to renew
  4. D10 years, not counting any option to renew
Show answer

Answer: A. 7 years, counting any option to renew

The Registrar registers a lease only if its term is expressed to exceed 7 years, its commencement and maximum duration are certain, and it confers exclusive possession. An option to renew is counted in working out the term, but an early termination (break) clause is ignored.

Question 4BeginnerTypes of tenancy

A periodic tenancy __________.

  1. Acontinues from period to period until either party gives proper notice to quit
  2. Bends automatically when its fixed term expires, without any notice
  3. Carises when a tenant holds over after his lease expires without the landlord’s consent
  4. Dmay be ended by either party at any moment, without any notice
Show answer

Answer: A. continues from period to period until either party gives proper notice to quit

A periodic tenancy, such as a monthly or yearly tenancy, runs on until ended by a notice to quit, usually one month for a monthly tenancy. A fixed-term lease ends automatically on expiry, holding over without consent is a tenancy at sufferance, and a tenancy at will can be ended at any time.

Question 5BeginnerLease contents

The clause in a lease that reserves the rent to the landlord and states when it is payable is the __________.

  1. Areddendum clause
  2. Bhabendum clause
  3. Crent review clause
  4. Dparcels clause
Show answer

Answer: A. reddendum clause

The reddendum clause reserves the rent and states when it is to be paid, for example “$3,000 on the 1st of every month”. The habendum clause defines the interest granted and its term, and a rent review clause sets how the rent will later be revised.

Question 6BeginnerImplied covenants of the landlord

The landlord’s implied promise that neither he nor anyone claiming under him will disturb the tenant’s possession is the covenant __________.

  1. Afor quiet enjoyment
  2. Bnot to derogate from his grant
  3. Cof fitness for habitation
  4. Dto keep the common areas in repair
Show answer

Answer: A. for quiet enjoyment

The covenant for quiet enjoyment protects the tenant’s possession from interference by the landlord or persons claiming under him, for example by cutting off utilities or changing the locks. It is not a promise that the premises will be free from noise.

Question 7IntermediateLicence vs lease

Mr Lim Boon Heng, 58, a retired engineer and Singapore Citizen, lives alone in the three-bedroom unit he has owned since 2009 in a 99-year leasehold condominium in Clementi; the loan on it is fully paid. At his daughter’s suggestion, he takes in Arjun Menon, 21, a Malaysian university student, from July 2026 at $1,200 a month, payable on the 1st of each month. Their one-page written agreement calls Arjun a “tenant”. As agreed, Mr Lim keeps a key to Arjun’s bedroom and goes in every morning to clean it and change the linen, and the two share the kitchen. Arjun’s classmate assures him that, because he pays monthly rent under a signed agreement, he has a lease of the room.

Which of the following BEST describes Arjun’s legal position?

  1. AHe is a lodger with a licence, as Mr Lim keeps unrestricted access to the room to provide daily cleaning and fresh linen
  2. BHe is a periodic tenant of the room, as he pays a fixed monthly sum under a signed agreement that calls him a tenant
  3. CHe is a monthly tenant, as the arrangement runs from month to month and a single room can be let as a separate unit
  4. DHe is a licensee, but only because the law does not allow a lease of a single room in a home where the owner lives
Show answer

Answer: A. He is a lodger with a licence, as Mr Lim keeps unrestricted access to the room to provide daily cleaning and fresh linen

Arjun is a lodger. Mr Lim keeps a key and goes into the room every day to clean it and change the linen, so Arjun does not have exclusive possession, and without exclusive possession there is no lease, even though he pays and the paper calls him a “tenant”. The two tenant options rely on the payments and on how the arrangement runs from month to month, but neither of those makes up for the missing exclusive possession. The option saying a room in an owner’s home cannot be leased is wrong for a different reason: a single room can be leased. If Arjun had exclusive possession of the room, his monthly payments would point to a periodic tenancy.

Question 8IntermediateURA rules on residential leasing

Mr Farouk bin Ismail, 52, owns a 105 m² three-bedroom unit in a 20-year-old condominium in Pasir Ris and lives in his HDB flat nearby. To earn more, he plans to put up partitions across the whole of the large living and dining area to create three extra rooms, leaving no shared living space, and then let each of the six rooms separately to one student for 6 months at a time. That way the unit would never hold more than six occupants in total. The contractor quoting for the work tells him that “internal partitions only need MCST approval”, and a friend says the plan is fine because the unit is bigger than 90 m². Before signing the contractor’s quotation, Mr Farouk asks his salesperson for advice.

What should the salesperson advise Mr Farouk?

  1. AHe should not go ahead as planned, as rooms taking up the whole living and dining area need URA’s planning permission
  2. BHe may go ahead, as long as the total number of occupants in the whole unit stays within the standard cap of six unrelated persons
  3. CHe may go ahead, as long as each room is let for at least 3 consecutive months, which his 6-month terms comfortably meet
  4. DHe may go ahead once the MCST approves the partitions in writing, as changes to the internal layout are a matter for the MCST alone
Show answer

Answer: A. He should not go ahead as planned, as rooms taking up the whole living and dining area need URA’s planning permission

URA encourages owners who rent out their homes to keep the approved internal layout, and internal partitioning is exempt from planning permission only if the unit still works as a single self-sufficient home with its essential communal spaces, such as the living and dining area and the kitchen. Turning the whole living and dining area into three bedrooms removes the communal space, so the works are not exempt and need URA’s planning permission. Staying within the cap of six and letting each room for more than the 3-month minimum does not change this. The MCST’s approval, whatever the contractor says, is no substitute for planning permission. The size of the unit only matters for the temporary higher occupancy cap.

Question 9IntermediateImplied covenants of the landlord

Orchid Mall Pte Ltd lets a ground-floor unit in its suburban mall to Wellness Pharmacy Pte Ltd for 3 years, for use as a pharmacy, at $9,000 a month. The lease is silent on access. A year later, the mall starts charging for parking, which the pharmacist says has already cut her walk-in customers. Around the same time, the mall repaints its façade as part of a planned upgrade. Two months later, to create more storage for a new supermarket tenant, the mall turns the only corridor leading to the pharmacy into a storage area, so that customers can no longer reach the shop at all. The pharmacy’s sales fall by 60%, and its director, who once worked for Orchid Mall, asks his salesperson what covenant, if any, has been broken.

Which of the following BEST describes the mall owner’s position?

  1. AIt is in breach of the covenant not to derogate from its grant, as blocking the only access defeats the purpose for which the unit was let
  2. BIt is in breach of the covenant not to derogate from its grant, because charging for parking has driven customers away from the pharmacy
  3. CIt is in breach of the implied term of fitness for habitation, as the unit can no longer be used for running a pharmacy business
  4. DIt is in breach of no implied covenant, as the corridor lies outside the let premises and the lease says nothing about access
Show answer

Answer: A. It is in breach of the covenant not to derogate from its grant, as blocking the only access defeats the purpose for which the unit was let

Having let the unit to be used as a pharmacy, the landlord must not act in a way that defeats that purpose. Blocking the only way in does exactly that, so it is a derogation from grant. The parking charge is not the reason. In Cold Storage v Chancery Court, charging customers for parking was held not to be a derogation, because customers could still reach the supermarket. Fitness for habitation is a term implied in furnished residential lettings. The covenant applies even though the corridor is outside the let unit and the lease says nothing about access.

Question 10IntermediateDiplomatic & en bloc clauses

Mr Julien Moreau, 39, a French national, signs a two-year tenancy of a Tanjong Pagar condominium unit running from 1 December 2025 to 30 November 2027, at $6,800 a month with a two-month deposit. The diplomatic clause says that, if he is transferred out of Singapore, he may end the tenancy by giving 2 months’ written notice, with proof shown to the landlord, but that such notice may be given only after the first 12 months of the tenancy have expired. In July 2026, his employer tells him that he will be transferred to Tokyo from 1 September 2026. His HR manager assures him that the usual practice is “two months from the date of the transfer”. His wife would prefer to stay until their son’s school term ends, and the landlord is overseas and hard to reach.

Unless the landlord agrees to something else, what is the EARLIEST date on which the tenancy can end under the diplomatic clause?

  1. A31 January 2027, as notice can be given only after the first 12 months, that is from 1 December 2026, and must run for 2 months
  2. B30 September 2026, as he may give 2 months’ notice as soon as his employer confirms the transfer to Tokyo in July 2026
  3. C30 November 2026, as the clause lets him leave as soon as the first 12 months of the tenancy have run their course
  4. D31 August 2026, as a transfer out of Singapore brings the tenancy to an end on the day before the transfer takes effect
Show answer

Answer: A. 31 January 2027, as notice can be given only after the first 12 months, that is from 1 December 2026, and must run for 2 months

Under this wording, notice can be given only after the first 12 months, which end on 30 November 2026. The earliest notice is therefore on 1 December 2026, and 2 months’ notice from then ends the tenancy on 31 January 2027, in month 14. The HR manager’s view ignores the 12-month wait. Once 12 months have passed, the clause only allows notice to be given; it does not end the tenancy there and then. A transfer does not end the tenancy automatically either. If Mr Moreau wants to leave earlier, he needs the landlord to agree to a surrender, possibly on payment of compensation.

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