Question $96(1$ point$)$

Zach operates a small ski waxing business in a commercial building in Whistler, B$.$C$.$ The lease is for three years with an option to renew for a further two years. After taking possession, Zach brings into the premises a ski waxing machine which is fastened to the floor with four bolts. He carries on business for three years and decides to relocate. Zach does not exercise the option to renew. He removes the ski waxing machine the day before the lease expires and repairs the four holes in the floor, so as to prevent any damage. His landlord learns that the ski waxing machine has been removed and threatens to sue Zach, alleging that he removed a fixture which belonged to the landlord. The landlord tells Zach that he has rented the premises to a new tenant and $$sold$$ the ski waxing machine to the new tenant. In this case

Question $96$ options:

The ski waxing machine can be removed because it was not at any time considered at law to have become a fixture.

The ski waxing machine is a tenant's fixture and it may be removed before the end of the tenancy.

The ski waxing machine cannot be removed because it affects the right of an innocent third party $$ the new tenant.

The ski waxing machine should be put into storage pending a court order.

Any fixtures installed by the tenant during the course of the tenancy cannot be removed.