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Artworld Financial Corporation v Safaryan and Ors [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWCA Civ 303, 27 February 2009. The case considers whether the acceptance of a lease surrender can be inferred from the intentions of the landlord or from his actions. Artworld Financial Corporation (R), the trust company of the Tatanaki (T) family, rented a property to the Safaryan (S) family. After different complaints about the property, S moved away and gave back the keys to R. Correspondence from R and its solicitors showed that R did not accept the surrender. However, afterwards, R improved and redecorated some of the property and members of the T family moved in there. R still claimed that the lease was not surrendered. S claimed that the actions of the landlord proved his acceptance of the surrender of the lease. "Held": Claim failed. The landlord occupying the property or using it for his own benefit can be regarded as the landlord taking back his possession and give rise to the surrender of the lease. The actions of the landlord, not his intentions or what he says, prove that he accepts the surrender of the lease.
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Law report Virtual Online ONLINE JUDGMENT (Browse shelf(Opens below)) 1 Available 147656-2001

[2009] EWCA Civ 303, 27 February 2009. The case considers whether the acceptance of a lease surrender can be inferred from the intentions of the landlord or from his actions. Artworld Financial Corporation (R), the trust company of the Tatanaki (T) family, rented a property to the Safaryan (S) family. After different complaints about the property, S moved away and gave back the keys to R. Correspondence from R and its solicitors showed that R did not accept the surrender. However, afterwards, R improved and redecorated some of the property and members of the T family moved in there. R still claimed that the lease was not surrendered. S claimed that the actions of the landlord proved his acceptance of the surrender of the lease. "Held": Claim failed. The landlord occupying the property or using it for his own benefit can be regarded as the landlord taking back his possession and give rise to the surrender of the lease. The actions of the landlord, not his intentions or what he says, prove that he accepts the surrender of the lease.