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09 September 2010 / Stephen Dean , Nick Knapman
Issue: 7432 / Categories: Features , Property
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No surrender?

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Nick Knapman & Stephen Dean ask how unequivocal is “unequivocal conduct” when it comes to
surrender by operation of law

Surrender, and specifically, surrender by operation of law is generally well understood as a legal principle. Yet it is a principle that continues to come regularly before the courts and, as the recent Court of Appeal decision in QFS Scaffolding v Sable [2010] EWCA Civ 682, [2010] All ER (D) 158 (Jun) has confirmed, the conduct of the parties is central to determining whether or not there has been a valid surrender by operation of law. Only where that conduct is unequivocal and entirely unambiguous will the test be satisfied.

The increase in court attention is almost certainly a sign of the times: many leases do not run their full term during an economic downturn. Surrender offers an apparently quick and convenient way of bringing about the early end of a lease. Surrender can be either express (requiring a deed in accordance with s 52 of the Law of Property Act 1925),

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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