Artworld Financial Corporation v Safaryan & Ors [2009] EWCA Civ 303 (27 February 2009)

Artworld Financial Corporation v Safaryan & Ors [2009] EWCA Civ 303 (27 February 2009)

The landlord's conduct, particularly occupation and use of the property for its own benefit, went significantly beyond anything consistent with the continued existence of the tenancy and amounted to an unequivocal acceptance of surrender by operation of law. The judge was entitled to find that the lease was surrendered and the appeal is dismissed.

Citation
[2009] EWCA Civ 303
Parties
Appellant/claimant: Artworld Financial Corporation; Respondents/defendants: Safaryan & Ors
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Appeal (from High Court, Chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Surrender of Lease, Surrender by Operation of Law, Repudiation, Estoppel, Possession, Leasehold Rights
Landlord and Tenant Property Law Contract Law Surrender of Lease Surrender by Operation of Law Repudiation Estoppel Possession +1 more

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Parties

Artworld Financial Corporation

Appellant/claimant

Safaryan & Ors

Respondents/defendants

Procedural Posture

Appeal (from High Court, Chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the landlord accepted surrender of the lease by operation of law
  2. 2 Whether the landlord's conduct was unequivocally inconsistent with the continuation of the tenancy

Ratio Decidendi

The landlord's conduct, particularly occupation and use of the property for its own benefit, went significantly beyond anything consistent with the continued existence of the tenancy and amounted to an unequivocal acceptance of surrender by operation of law. The judge was entitled to find that the lease was surrendered and the appeal is dismissed.

Court Disposition

Appeal dismissed