When assessing whether a landlord's conduct amounts to repudiation of a lease, the assessment must take place against the rights, powers and privileges established by the lease. Conduct that is authorised by the lease covenants — such as securing vacant premises, showing them to prospective tenants, and taking steps to mitigate loss — does not evince an intention no longer to be bound by the lease, at least absent evidence of improper motivation. A tenant's failure to attempt re-entry, contact the landlord, or pay rent over an extended period supports a finding of abandonment, notwithstanding that the initial closure was caused by a third party.
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