In order for a surrender to take place by operation of law (as opposed to by deed), a tenant’s behaviour must be unequivocally inconsistent with the lease continuing. This point was repeated recently in QFS Scaffolding Limited v Sable and another [2010] EWCA Civ 682, where the Court of Appeal ruled that there had been no surrender. Tenants should therefore be careful that their conduct does not prevent them from being seen as having surrendered their lease, if the point ever had to be brought to court.