Brent LBC v Sharma and Vyas (1992)

A dwelling was let to a couple with two children. In 1987, the husband moved out of the flat and surrendered the tenancy, which was transferred to the wife.

The wife later moved out and was granted a new tenancy in Milton Keynes.  In 1988, she wrote to the council saying she was no longer living at the original property and that she had no objection to them granting the tenancy back to the husband.  The Council did not do this, but instead refused to debit rent and sought repossession.

HELD: Finding in the landlord’s favour, the Court of Appeal said that judges have to look at the whole conduct of the landlord prior to issue of proceedings.  If, as in this case, it is claimed that a landlord has accepted that a tenancy no longer exists, then the conditions give rise to a surrender by operation of law are established.

Citation: Brent LBC v Sharma and Vyas (1992) 25 HLR 257