Q&As

Will the grant of a new lease result in an existing lease being surrendered by operation of law?

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Published on LexisPSL on 08/09/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Will the grant of a new lease result in an existing lease being surrendered by operation of law?

Will the grant of a new lease result in an existing lease being surrendered by operation of law?

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is demonstrated by the delivery of possession by the tenant and acceptance by the landlord. In this event, the law gives effect to the intention of the parties as appearing from their acts, and cures the informality of the surrender (Cannan v Hartley (1850) 9 CB 634 (unavailable on Lexis®Library)). The unequivocal conduct of both parties is essential (Padwick Properties Ltd v

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