CA 24 April 1986. Appeal by the landlords(L) against a decision in favour of the tenant(T), rejecting an application for possession of premises used as a repair shop: originally let on a tenancy agreement for seven years from 1977, at a rent of £2,600 pa, payable as £50 per week. When T entered into agreement with L, L offered to extend the term of T`s tenancy to 1991 at £65 per week with a three year rent review period. On consultation with his solicitor, T, decided not to take up the offer. Correspondence took place between the parties and eventually L brought proceedings for possession against T based on a section 25 notice served under the Landlord and Tenant Act 1954 . The judge found there had been an oral agreement granting T an extended tenancy to 1991 at the old rent with one review period in 1984. L appealed. On appeal, it was held in the light of Jenkin R Lewis and Son Ltd v Kerwan that this must have taken effect as an agreement to surrender the existing term and to creat