In what circumstances have courts found that a tenant has not returned keys to a commercial premises for the past year or so, and has prevented the landlord from obtaining access to the premises?
Saskatchewan, Canada
The following excerpt is from Matharu v. Mid-West Sportswear Ltd., 2002 SKQB 522 (CanLII):
In Gray v. Bompas (1862), 142 E.R. 899, the tenant forgot to return keys until two days after the required date. However, the landlord had known that the premises were vacated, and had even on occasion borrowed the keys to show the building to potential tenants. The court found in favour of the tenant. In Nisbet v. Hall (1895), 28 N.S.R. 80 (N.S.C.A.), the court held that in an action for recovery upon failure to return keys the question is whether the conduct of the tenant has prevented the landlord from obtaining use and occupation of the premises.
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