Surrender by operation of law (implied surrender)

Published by a ��Ӱ�� Property Disputes expert

Practice notes

Surrender by operation of law (implied surrender)

Published by a ��Ӱ�� Property Disputes expert

Practice notes

This Practice Note covers how a Surrender by operation of law (implied surrender) may arise, the effect of the landlord accepting the keys, and circumstances that may cause a surrender.

Main principles

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is demonstrated by the Delivery of possession by the tenant and acceptance by the landlord. The tenant cannot unilaterally end its obligations under the lease.

The key question is whether the landlord's actions are so inconsistent with the continued existence of the tenancy that they can only be justified on the basis that the landlord has taken back possession.

The parties' actions are considered objectively, looking at their conduct as a whole. In Artworld v Safaryan the Court of Appeal upheld a ruling that surrender by operation of law had occurred where the cumulative effect of the landlord's conduct evidenced an intention to take over the property and treat it as their own, even though:

Jurisdiction(s):

United Kingdom

Key definition:

Surrender by operation of law definition

What does Surrender by operation of law mean?

Also known as an implied surrender. It occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. It is often demonstrated by the delivery of possession by the tenant and acceptance by the landlord.

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