Mattey v Ervin
Mattey v Ervin
- 1998
- New Property Cases (1998) NPC 64, (3) .
CA 3 April 1998. Surrender of lease by operation of law is dependent upon estoppel and not the intention of the parties. Is acceptance of rent from the occupier and acquiescence in the possession of the premises by the occupier sufficient to give rise to an estoppel. Conduct of the parties only explicable on the basis that the original lease continued in existence. HEADNOTE.
LANDLORD AND TENANT
MATTEY V ERVIN
CA 3 April 1998. Surrender of lease by operation of law is dependent upon estoppel and not the intention of the parties. Is acceptance of rent from the occupier and acquiescence in the possession of the premises by the occupier sufficient to give rise to an estoppel. Conduct of the parties only explicable on the basis that the original lease continued in existence. HEADNOTE.
LANDLORD AND TENANT
MATTEY V ERVIN