Lankester & Son Ltd v Rennie

There was no effective assignment of the lease to TCA, no estoppel binding Lankester, and no surrender by operation of law; Mr and Mrs Rennie remained tenants and liable under the lease covenants.

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 / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Lease Assignment, Estoppel, Surrender by Operation of Law, Tenant Covenants

Property Law Contract Law Lease Assignment Estoppel Surrender by Operation of Law Tenant Covenants

Case Brief

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Parties

Lankester & Son Ltd

Claimant/respondent

Robert David Rennie

Defendant/appellant

Anne Rennie

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the lease was effectively assigned to TCA
2 Whether Lankester was estopped from asserting Mr and Mrs Rennie remained tenants
3 Whether settlement with TCA amounted to surrender by operation of law

Ratio Decidendi

There was no effective assignment of the lease to TCA, no estoppel binding Lankester, and no surrender by operation of law; Mr and Mrs Rennie remained tenants and liable under the lease covenants.

Court Disposition

appeal dismissed