Effect of non-occupation

Surrey CC v Single Horse Properties Ltd (CA TLR 12 April)

The landlords served notice under s25(1) of the Landlord and Tenant Act 1954 and the tenant served a counter-notice and applied for a new tenancy, but ceased to occupy the premises before the contractual term date. The tenant was not liable for any rent in respect of any period after the term date because s64(1)(c) of the 1954 Act was not satisfied and there was no interim continuation. However, where a tenant served a counter-notice he might be estopped from denying he was in occupation at the term date, if his conduct led the landlord to believe he remained in occupation.