After the insolvency of an assignee of a lease, the landlord talked with possible new tenants, and the original lessee now said that the landlord had impliedly accepted a surrender of the original lease, thus releasing him from continuing liability.
Held: The tenant’s appeal failed. The judge had made findings of fact to which he was entitled, and ‘the plaintiffs were unable to reach agreement on the terms for assignment to Bellbrink Ltd, and that is why negotiations broke down, so that there was, in my judgement, no intention to enter into a legal relationship.’
Judges:
Beldam LJ, Bracewell LJ
Citations:
[1998] EWCA Civ 625, [1998] 2 EGLR 66
Jurisdiction:
England and Wales
Citing:
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Copeland v Watts CCP 1815
Gibbs CJ: ‘… it would be productive of dangerous consequences to presume a surrender to the lessor, from the fact of his [the lessor] receiving payment from an assignee; a landlord in general was willing to receive payment from the person who . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
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 – Longrigg, Burrough Trounson v Smith CA 1979
The defendant dealer in antiques also lived in the property with his wife. He refused to leave after the expiry of the term, claiming a Rent Act tenancy. The lessors had accepted rent from the defendant undertenant who contended that thereby a new . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 30 May 2022; Ref: scu.144103
