Deed of surrender: residential tenancy
This is a simple and straightforward surrender to terminate any residential tenancy. Use this document where parties want to end the tenancy by mutual agreement. It includes optional provisions for a payment by one party to the other and for all obligations to cease. The document makes it clear that after signing this deed neither party will have a claim against the other.
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- Guidance notes included
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About this deed of surrender for a residential tenancy
"Surrender" is simply the legal term for the tenant agreeing to end the tenancy and leave the property. The fundamental basis of this agreement is that the landlord and the tenant have agreed to terminate the tenancy on a certain date. Using this document avoids all the anguish of notices and counter notices. When agreement is doubtful, either of the parties should use the statutory route, using the appropriate notice.
The reason of surrender could be anything. Maybe the tenant wants to move out of town or the landlord intends to refurnish the property, or the tenant has agreed to go so as to enable the landlord to use the property. The bottom line is that to make this document legally binding the parties should agree that they are signing this deed of their own free will, without malice, inducement or harassment and solely due to changes in their personal circumstances.
The fact that the document is “signed as a deed” does not cause any complication, as we explain in the notes. Each side needs a witness to his/her signature that is all. No solicitor involvement is needed.
A surrender may be immediate and simple, but in many cases the landlord will want to be sure that the tenant leaves the premises when required and in the condition required by the agreement. This surrender document covers the landlord's position thoroughly.
The document includes options for either party to pay the other. The reason for the payment is not important and does not need to be specified in the document.
The document includes options for release provisions: conditions that must be met for the tenancy to be surrendered.
The document is suitable for any residential property tenancy such as an assured shorthold tenancy. It is not suitable for commercial property, use commercial property version instead.
- Details of tenancy to be surrendered
- Obligation to give up possession
- Obligations for repair
- Tenant has no obligations to Landlord, except as stated
- Landlord has no obligations to tenant except as stated
- Termination: what happens
This document was written by a solicitor for Net Lawman. It complies with current English law.
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