Summary

A judge had been entitled to find that a lease had been surrendered by the operation of the law on the basis that she had enough evidence and material before her to reach that decision.

Facts

The appellant landlord (X) appealed against a decision that it had accepted the surrender of a lease by the respondent tenant (S). S had leased a property from X for a period of three years. He subsequently vacated the property and returned the keys to X whilst there was still 15 months of the three-year term left. X issued proceedings claiming the rent for the remainder of the term. S's defence was that the lease had been surrendered by operation of the law. The judge upheld S's defence and held that X had accepted the keys, had carried out redecoration works and had moved into the property for a period of time.

Held

The judge's decision was correct and she had enough material and evidence before her to reach the decision that the lease had been surrendered by operation of the law. When X took over the property and moved into it for a period of time that was inconsistent with the lease. The period of occupation was a reflection of taking possession of the property by X.

Appeal dismissed