The tenant fell into arrears, and discussed a surrender with the landlord. It had been intended that the landlord would waive any arrears, but he then claimed that there had been an implied surrender by law, and that the arrears remained.
Held: At the time when the surrender took place, there was in place no agreement to waive arrears. There had been an agreement that the tenant should be released from future obligations. However a clause preserved the debt as against the appellant, and that debt remained.
Citations:
[1998] EWCA Civ 425
Jurisdiction:
England and Wales
Citing:
Cited – Oastler v Henderson 1877
The tenancy was for seven years. Shortly after its creation, the tenant left the keys with the agent and asked him to dispose of it or make the best bargain for surrender he could, and left for America. A tenant not being found, the agent returned . .
Cited – In re EWA, A Debtor CA 1901
The general rule is that where an obligation is joint and several, the release of one of two joint debtors has the effect of releasing the other, but: ‘It is clear that, although a document in terms purports to release one of two joint debtors, yet . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 14 November 2022; Ref: scu.143903