13 Sept 2016
GOERTZEN v ALL TRAFFIC MANAGEMENT SERVICES LIMITED [2016] NZHC 2162
- Citation
- (2016) 18 NZCPR 309
- Court
- High Court
The High Court held the District Court was wrong to find an implied surrender; where the tenant never entered possession, the landlords' permitting the prior occupier to remain, a verbal comment in a broader conversation, and delay in invoicing did not amount to unequivocal conduct accepting surrender. Mere inaction or maintainence of the status quo is insufficient to effect surrender by operation of law. Appeal allowed and judgment for the Trustees entered.