Ealing Family Housing Association Ltd. v McKenzie & Anor [2003] EWCA Civ 1602 (10 October 2003)

Ealing Family Housing Association Ltd. v McKenzie & Anor [2003] EWCA Civ 1602 (10 October 2003)

The tenancy of Flat 2 was surrendered by operation of law on 17 July 2000, as both Mrs McKenzie and Ealing Family Housing Association unequivocally treated the tenancy as at an end: Mrs McKenzie moved out, accepted a new tenancy, signed a notice to quit, and Ealing ceased charging rent and treated Mr McKenzie as an illegal occupier. These acts were inconsistent with the continuance of the tenancy and created an estoppel against asserting its continuance.

Citation
[2003] EWCA Civ 1602
Parties
Claimant/respondent: Ealing Family Housing Association Ltd; First Defendant/appellant: Johnson McKenzie; Second Defendant: Sharon McKenzie
Jurisdiction
England and Wales
Judgment Date
10 October 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Surrender of Tenancy, Implied Surrender, Assured Tenancy, Possession Proceedings, Operation of Law, Notice to Quit
Landlord and Tenant Property Law Housing Law Surrender of Tenancy Implied Surrender Assured Tenancy Possession Proceedings Operation of Law +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Ealing Family Housing Association Ltd

Claimant/respondent

Johnson McKenzie

First Defendant/appellant

Sharon McKenzie

Second Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mrs McKenzie effected a valid surrender of her tenancy of Flat 2 by operation of law or implied surrender on 11 July, 17 July 2000, or 22 January 2001
  2. 2 Whether the acts of Mrs McKenzie and Ealing Family Housing Association amounted to an unequivocal surrender of the tenancy

Ratio Decidendi

The tenancy of Flat 2 was surrendered by operation of law on 17 July 2000, as both Mrs McKenzie and Ealing Family Housing Association unequivocally treated the tenancy as at an end: Mrs McKenzie moved out, accepted a new tenancy, signed a notice to quit, and Ealing ceased charging rent and treated Mr McKenzie as an illegal occupier. These acts were inconsistent with the continuance of the tenancy and created an estoppel against asserting its continuance.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of Flat 2, 53 Kingswood Road, Acton, London W4 to Ealing Family Housing Association Ltd stands
  • Appellant to pay costs