Ealing Family Housing Association Ltd. v McKenzie & Anor

The acts of Mrs McKenzie in moving out, accepting a new tenancy, signing a notice to quit, and Ealing's acts of terminating her rent account and treating Mr McKenzie as an illegal occupier, amounted to unequivocal conduct by both parties treating the tenancy as at an end. This constituted an implied surrender by operation of law on 17 July 2000.

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 to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Surrender of Tenancy, Implied Surrender, Assured Tenancy, Possession Proceedings

Landlord and Tenant Law Property Law Surrender of Tenancy Implied Surrender Assured Tenancy Possession Proceedings

Case Brief

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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 to Court of Appeal

Legal Issues

1 Whether Mrs McKenzie effected a valid surrender of her tenancy of Flat 2 by operation of law or implied surrender.
2 Whether the acts of Mrs McKenzie and Ealing Family Housing Association amounted to an unequivocal surrender of the tenancy.

Ratio Decidendi

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.