The tenants left the premises during the term of the lease and stopped paying the rent. The landlords sued the tenants for the rent arrears. The tenants argued that the landlords should have mitigated their loss of rent by forfeiting the lease and re-letting the premises.

The Court of Appeal has confirmed that a landlord is not under a duty to mitigate its loss of rent where a tenant gives up possession of the premises and fails to pay rent.