Can a landlord's expressed assent to a new lease constitute a surrender of the previous lease?
British Columbia, Canada
The following excerpt is from Freshslice Properties Ltd. v Theepan Food Industry Ltd., 2021 BCSC 1278 (CanLII):
Counsel relies on the decision of this court in Scott v. Filipovic, 2014 BCSC 939 [Filipovic], reversed on other grounds 2015 BCCA 409, for the proposition that the expressed assent by a landlord to a new lease operates in law as a surrender of the previous lease, since, at law, two leases cannot exist simultaneously on the same property.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a landlord's decision to change the locks of a commercial premises constitute an election by the landlord to terminate the lease? (British Columbia, Canada)
Can a landlord refuse to negotiate a right of renewal when the landlord has received an assurance that the lease will be renewed? (British Columbia, Canada)
Can a landlord refuse to renew a lease because of a subsequent breach of the lease agreement? (British Columbia, Canada)
Does a lessor have a right to cancel a lease if the lease is terminated because the lease has been breached? (British Columbia, Canada)
Can a landlord exercise a right to renew a lease if the landlord fails to provide a written notice of the tenant’s intention to apply for a renewal? (British Columbia, Canada)
Is freedom of expression a constitutional right? (British Columbia, Canada)
Does the expression “duration of investigation” set a limit to the duration of a non-disclosure order constitute unconstitutionally vague or overbroad? (British Columbia, Canada)
Is a plaintiff entitled to an award for loss of profits from a landlord who wrongfully terminated a lease? (British Columbia, Canada)
Is freedom of expression a fundamental right of expression in a democratic society? (British Columbia, Canada)
What is the difference between a landlord and tenant when it comes to a breach of a lease for the conversion of a house into a shop? (British Columbia, Canada)
