‘I should be able to get a great job and make a better living with my experience and education profile’ she said to herself as she packs her belongings to catch a train going into Manchester. Ellen who lives and works in Wrexham, Wales was desirous to move to England, Manchester to be specific. The train station in Manchester is not far from the hotel she had booked online before leaving Wrexham. As soon as she got to her room, Ellen called the agent that had secured a meeting with the landlord who was searching for a tenant to occupy his three-bedroom apartment. As promised, the agent got Ellen to meet with Graeme the landlord and she agreed to take a lease of Graeme’s property not far from Wilmslow Road, Manchester at an agreed monthly rent of two thousand four hundred pounds and the rent for two months payable in advance.

They both agreed and Ellen paid Graeme the rent for two months which was to start from 1st April to 31st May.

In a positive turn of events, Ellen was appointed as Director of Petroleum and Pipeline Management Company, and by that appointment, she was entitled to official accommodation provided for by the company and was in fact given the accommodation somewhere close to the apartment she paid to rent in Manchester.

On the 2nd of April, Ellen notified the agent that by her appointment as Executive Director, which entitled her to alternative accommodation, she would be unable to move into Graeme’s property. She then requested a refund of the two months’ rent she paid to Graeme. The agent acknowledged the demands of Ellen and even agreed that she should be given a refund of the rent for the unutilized term from April to May.

On the 10th of April, Ellen surrendered the keys to the entrance door to the agent and wrote down her account number for which the refund would be paid into.

After some weeks, Graeme then paid into Ellen’s account the sum of six hundred pounds as rent for three weeks unexpired. Soon after, the agent informed Ellen of Graeme’s decision to only pay her 600 claiming it was what she was entitled to.

Ellen without delay, instituted an action at the Court claiming the sum of 4,800.00 as the refund of rent paid to Graeme, interest on the said sum, and solicitors’ fees.

At the trial, Ellen admitted that she was in possession for 9 days when she surrendered the keys. Whereas, Graeme Under cross- examination stated that there was no written agreement that he would refund the rent and that there was no document, including the tenancy agreement (the sole agreement between the parties) stating that he would pay any money.

Graeme argued that the property to the knowledge of both Ellen and her agent remained unlet and vacant despite efforts made by Graeme to let out the property until sometime in May.

After the trial, the trial court in its judgment dismissed Ellen’s claims. It dismissed her contention that the parties mutually rescinded the tenancy agreement as there was no evidence led to buttress such. It found that the sum of 600 paid by Graeme to her covered the refund for the period of unutilized rent and held that Ellen failed to prove that she was entitled to more than the sum of 600.

Aggrieved by the judgment, Ellen appealed to the Court of Appeal.

The Court of Appeal in its judgment explained that In a landlord and tenant relationship, there was no provision for a refund of rent if a tenant unilaterally surrenders the premises after the contract has been executed. Where such a situation occurs, the usual practice is that the tenant will be entitled to receive repayment of rent of the unexpired term from the date the premises is re-let before the expiration of the tenancy. The court went further to say that it is unreasonable for a tenant to expect a full refund of the rent after taking possession for some period and thereafter deciding to terminate the tenancy. It will only become feasible to entertain such a claim only if the landlord is shown to be guilty of frustrating the contract he/she has with the tenant. The court of appeal also dismissed Ellen’s case.

As the court went on to address the next case, Ellen accepted her fate, strolled out of the court into the street and looked up into the cloudless sky as she inhaled the scent of freshly baked bread, and soliloquized the words written on a billboard near the courthouse, ‘Welcome to Manchester’.