Lankester & Son Ltd v Rennie [2014] EWCA Civ 1515 (02 December 2014)

Lankester & Son Ltd v Rennie [2014] EWCA Civ 1515 (02 December 2014)

There was no effective assignment of the lease as the necessary formalities, including consent and guarantees, were not completed; no estoppel arose as there was no representation or detriment to Mr and Mrs Rennie; no common assumption or convention existed; and the settlement with TCA did not amount to a surrender by operation of law. Mr and Mrs Rennie remained liable under the lease.

Citation
[2014] EWCA Civ 1515
Parties
Claimant/respondent: Lankester & Son Ltd; Defendant/appellant: Robert David Rennie; Defendant/appellant: Anne Rennie
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment of Lease, Estoppel, Surrender by Operation of Law, Break Clause, Tenant Covenants
Landlord and Tenant Property Law Assignment of Lease Estoppel Surrender by Operation of Law Break Clause Tenant Covenants

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Parties

Lankester & Son Ltd

Claimant/respondent

Robert David Rennie

Defendant/appellant

Anne Rennie

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether there was an effective assignment of the lease to TCA
  2. 2 Whether Lankester was estopped from denying TCA was the tenant
  3. 3 Whether there was a surrender of the lease by operation of law

Ratio Decidendi

There was no effective assignment of the lease as the necessary formalities, including consent and guarantees, were not completed; no estoppel arose as there was no representation or detriment to Mr and Mrs Rennie; no common assumption or convention existed; and the settlement with TCA did not amount to a surrender by operation of law. Mr and Mrs Rennie remained liable under the lease.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Lankester & Son Ltd against Mr and Mrs Rennie for arrears and sums due under the lease
  • Counterclaim by Mr and Mrs Rennie dismissed