Never (unintentionally) surrender!
The common law principle of surrender by operation of law allows a landlord and tenant to bring a lease to an end by actions which are consistent with that intention (e.g…
Published 5 December 2016
The recent case of Admiralty Park Management Company Limited v Ojo reminds us that, regardless of the express terms of a lease, a course of dealings between the landlord and tenant can override those terms.
In that case the tribunal held that a conventional mode of dealing existed between the management company and tenant, under which it was understood that the service charge was to be apportioned by a different method from that set out in express terms in the lease.