Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

The handing back of keys without more does not of itself constitute a lease surrender. The passage in Tarjoumi as to implied surrender would have been more correct if there was added the phrase: ‘or such as to render it inequitable for the landlord to dispute that the tenancy has ceased.’ Where a new lease was to be granted, any implied surrender would occur only on the grant of the new lease. The circumstances must be such as to render it inequitable for the landlord or the tenant to dispute that the tenancy has ended.


Schiemann LJ


Times 17-Jul-1995, (1995) 72 PandCR 388, [1996] 1 EGLR 89


Law of Property (Miscellaneous Provisions) Act 1989


England and Wales


CitedTarjomani v Panther Securities Ltd CA 1983
The tenant disputed whether he had surrendered the property in the lease.
Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates . .

Cited by:

CitedBellcourt 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 . .
CitedArtworld Financial Corporation v Safaryan and Others CA 27-Feb-2009
The parties disputed whether the landlord had accepted the surrender of a lease. The tenant had handed in the keys. The landlord claimed rent for the subsequent period. The court had found surrender by operation of law, the landlord taking several . .
CitedQFS Scaffolding Ltd v Sable and Another CA 17-Jun-2010
The parties disputed whether a lease from S to LDC had been surrendered. S and QFS were negotiating for a renewal lease. No new lease having been agreed the parties agreed to a monthly sum to be paid pending agreement. L then let to a third party . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.85063