Preston Borough Council v Fairclough: CA 1982

The landlord sought to argue that the tenant had surrendered his tenancy.
Held: ‘The bare fact that a tenant leaves premises at a time when he owes rent is certainly insufficient to enable a court to draw the inference that there has been a surrender.’ and ‘If it could be shown that a tenant had left owing a very substantial sum of money and had been absent for a substantial time, then an application by the landlord under Order 24 might well be sufficient for a court to regard the tenancy as surrendered by operation of law . .’

Judges:

Griffiths LJ

Citations:

(1982) 8 HLR 70

Jurisdiction:

England and Wales

Cited by:

Dicta doubtedBellcourt Estates Ltd v Adesina CA 18-Feb-2005
The landlord sought to recover arrears of rent. The tenant said that she had surrendered the lease of the properties. The judge had held that she ceased to occupy the premises from November 2000, after which the landlord did not send a demand for . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 10 May 2022; Ref: scu.236323