[2006] EWCA Civ 1659, 13 December 2006. Concerns a case where a tenant failed to pay rent due under a lease, abandoning the premises. The landlord sued for the arrears, seeking a money judgment for the sums due. The tenant served a defence alleging that the landlord had failed to mitigate their loss by failing to market the premises, and failing to accept the offer of a prospective tenant who wanted to take an assignment or new lease, and furthermore failing to accept an offer to negotiate payment of a consideration for a surrender of the lease. "Held": the tenant's argument failed to take into account the consequences of the premature termination of a tenancy or the limited scope for the intervention of equity. A tenant could not successfully invoke equity in that way, "Gator Shipping Corporation v Trans-Asiatic Oil SA and Occidental Shipping Etablissement SA ([1978] 2 Lloyd's Rep 357" considered.