A purported transfer of 'possession' of leased premises while a tenant is in occupation takes effect as a concurrent lease, not as a transfer of possession. Section 117(1) of the Conveyancing Act prima facie transfers accrued causes of action to a concurrent lessee, but this is excluded where the transaction evidences a contrary intention. A tenant who leaves a substantial quantity of rubbish on premises at the end of a lease breaches the obligation to deliver vacant possession. An implied repairing obligation (whether statutory or at common law) is excluded by an express term dealing with the state of repair on delivery.
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