SURRENDER!

Tuesday 19 April 2016

A Tenant’s Guarantor recently unsuccessfully claimed that the Landlord’s actions meant the Lease it had guaranteed had been surrendered. If the Lease had been surrendered, the Guarantor would not have had to pay future arrears and take a new lease of the Property.

The Court reaffirmed some old decisions and clarified what would or would not constitute a surrender by operation of law (ending a lease early without a written document). Whilst the Judge emphasised that it is necessary to look at the Landlord’s conduct as a whole in deciding whether or not it had accepted a surrender by operation of law, the following specific actions were dealt with in the Judgment:-