The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended.
Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That required some act inconsistent with the continuance of a tenancy which created an estoppel against the tenant. The grant of a second tenancy could constitute such an act. The mere leaving of the apartment was insufficient. The notice to quit invalidated any earlier implication of surrender, but the changing of the rent book could constitute such an act.
Judges:
Mantell, Clarke LJJ, Rimer J
Citations:
Times 30-Oct-2003, [2003] EWCA Civ 1602, Gazette 20-Nov-2003
Links:
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2, Law of Property Act 1925 52(2)(c)
Jurisdiction:
England and Wales
Citing:
Cited – Lyon v Reed 1844
The court examined the principle of the surrender of a lease by operation of law: ‘. . . all the old cases will be found to depend on the principle to which we have adverted, namely, an act done by or to the owner of a particular estate, the . .
Cited – Allen and Another v Rochdale Borough Council CA 23-Mar-1999
Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The . .
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 – London Borough of Brent v Sharma and Vyas CA 1992
A tenancy of a flat was granted to Miss Vyas. She occupied it with Mr Sharma. They later married. She moved out and was given the tenancy of a council house elsewhere. She then wrote to Brent, the landlords, to say she was no longer sharing with Mr . .
Cited – Sanctuary Housing Association v Campbell CA 18-Mar-1999
The claimant had granted a secure weekly tenancy of a maisonette to Mrs Campbell, which she occupied with her husband and children. Mrs Campbell then left the maisonette, leaving the husband in occupation. The husband made a proposal to the claimant . .
Cited – Hackney London Borough Council v Snowden CA 2001
A short notice to quit might be given by a landlord if accepted by a tenant. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 08 June 2022; Ref: scu.187385
