SQE Leasing and tenancy question: built-in wardrobes months before the surrender

EAA SQELeasing and tenancy

Ivy Lo and her landlord agree to end her tenancy of a flat in Kowloon Tong six months early. They sign a surrender agreement and the landlord takes back the keys. A week later the landlord finds that Ivy had damaged the built-in wardrobes months before the surrender. The surrender agreement says nothing about past breaches. Which statement is correct?

A The surrender releases Ivy from all liability, including breaches committed before it took effect
B The surrender is ineffective until it is registered at the Land Registry, so the tenancy continues
C Ivy is released from obligations for the rest of the term but stays liable for the earlier damage
D The landlord may treat the early exit as a breach and claim rent for the remaining six months

Show the answer and explanation

Answer: C. Ivy is released from obligations for the rest of the term but stays liable for the earlier damage

Answer: She is released from future obligations but stays liable for past breaches. Why not the others: - Releases all liability: a surrender does not excuse past breaches unless the landlord agrees to excuse them. - Registration: a surrender takes effect when the landlord accepts it by taking back possession; the agreement is evidence, and registration is not what makes it effective. - Claim rent for six months: a valid surrender is not a breach; the tenant is not liable for the early termination. Rule: A fixed term ends by surrender when the tenant gives it up and the landlord accepts by taking back possession. The tenant is not in breach for leaving early but remains liable for earlier breaches unless excused. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 7, para 34; as at Oct 2026

Common mistake

Assuming a surrender wipes out claims for breaches that happened before it.

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An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.