Case Summary:

Title:  R v  Croydon LBC, ex P. Toth (1988)

In R v London Borough of Croydon, tenant moved out, taking her belongings at end of Aug 1983.  The local authority was informed by neighbours in Sept 83 that the occupants had moved out.  The local authority inspected the property and found this to be correct.  The locks were changed and it was assumed that the premises were abandoned. 

The premises were re-let in Oct 83.  Applicant subsequently claimed that she never intended to give up her tenancy and had moved out temporarily.

Held: Court held that the requirements of a surrender of the tenancy by operation of law by the tenant were satisfied in this case.  The tenant gave possession to the LL who takes possession and changed the locks.  There could be no doubt that the LL took possession once locks were changed and property relet.  The evidence that the tenant had surrendered was overwhelming despite assertion by tenant that she had no intention of leaving permanently.

Case Citation: R v Croydon LBC ex p Toth (1988) 20 HLR 576, CA