Action for arrears in rent dismissed where tenant surrendered his lease

Summary summons – landlord claimed judgment for monies due in respect of rent, insurance, interest and service charges commencing - €189,736.80 claimed to be due and owing – defence filed – tenant claimed that he assigned the lease with consent of the landlord’s predecessor in title – third party joined – whether the assignment was valid - s. 7 of Deasy’s Act – notice of change of landlord – arrears of rent – tenant pursued – unaware of any assignment – tenant permitted to amend defence – claim that there had been a surrender of his tenancy by act or operation of law in accordance with s. 7 of Deasy’s Act 1860 rather than an assignment as originally pleaded - court was also concerned as to how the plaintiff came to acquire its predecessor’s interest without any notice of an arrangement - “due diligence” process prior to acquiring title – sublease agreement – option to take an assignment of tenant’s unexpired term not exercised - court accepts that this transaction was not any form of surrender – requisitions on title – occupation of the premises – reality that another company was the tenant – whether the tenant assigned rather than surrendered his interest – no notification of assignment or surrender – short term letting agreement - proof that the tenant could not have alienated his interest by assignment or surrender - law in relation to surrender – deed executed in writing -  court must look at conduct pointing unequivocally to termination of the tenancy in question - conduct of both parties – surrender cannot be brought about unilaterally - circumstances in which the tenant disengaged from his tenancy -  landlord bound by the actions of its predecessor in title – Court determined that it would be an injustice to permit the landlord to deny that there was a mutually understood arrangement between the tenant and the landlord’s predecessor in title whereby the defendant would depart the premises and his premises would be occupied by another company on a short-term letting with an option to take an assignment of the tenant’s unexpired term – tenant has not paid rent – predecessor in title facilitated the departure – tenant adopted a position inconsistent with his position as tenant.