Deed of surrender – agent says I don’t need one?

Deed of surrender – agent says I don’t need one?

0:01 AM, 30th July 2024, About A day ago 15

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Hi, How can my agent think emails between myself and my tenant are sufficient when agreeing an early release from a tenancy? My tenant has been obstructive with regards access and I’ve had numerous issues, property damage etc.

I will be happy to agree an early release (with a deed of surrender) and will self manage or sell.

This is an 18 month fixed term with 10 months remaining AST.

The tenant has indicated he is searching for a larger property. The agent advised there will be stipulations on the check out, paying all utility bills, leaving the property clean etc before leaving.

Agent will ask for a forwarding address and if this is false and there are issues, it will be dealt with by the debt collector!

Surely by this point my agent will be long gone and my contract with them.

Am I overthinking this?

I do not trust my tenant and my agent is not particularly thorough and diligent.

Please can you advise me?

Thank you,

Alison


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Geoff1975

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10:06 AM, 30th July 2024, About A day ago

You can end the tenancy early by express surrender where both parties agree. Strictly speaking it should be done via deed if you are going by the legislation, which I think is in the Law of Property Act 1925. Whether an email is acceptable or not is a bit of a grey area I think and personally I always use a deed of surrender, with witness, because then there is no chance of ambiguity. So if the tenant has clearly stated in an email that they wish to end the tenancy then it’s quite a clear indication but why take the chance? Personally I manage my own properties and wouldn’t use a lethargic agent who will no doubt charge quite a bit more for the deed of surrender. But costs can be passed to tenant in this situation I think. Just re-read the post and you say you don’t trust the tenant. 100% deed of surrender then for me.

Rob Crawford

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10:11 AM, 30th July 2024, About A day ago

I would have thought that as long as the agent's email to the tenant specifies your requirements for early termination and recommends the tenant seeks legal advice and the words state "this email is a "deed of surrender" (a legal term) for your tenant to agree and the tenant agrees to it by return of email. Then that would be an acceptable form of correspondence.

Hitesh

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10:53 AM, 30th July 2024, About 23 hours ago

I have done this previously by a simply typed letter stating early break/termination and include usual ref to original AST or contract and signed by all those concerned.
I would note gas/electric/water readings- draft in Simple English so no anomolies.

Agents emails GOOD evidence so no issues…!!!

They can agree release with your consent of course.

Then inform council tax Utilitys etc

Let them go…!
It’s easier than courts and move on.
Issue only 6 months else trouble for you ….!
Else if they don’t pay will take you 18 months minimum via courts and lots of legals …!

Good riddens..!

And then find new agent ….!!

Alison Clark

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10:56 AM, 30th July 2024, About 23 hours ago

Reply to the comment left by Rob Crawford at 30/07/2024 - 10:11
Thank you Rob.

Please can anyone legal clarify this?

Many thanks

Alison

Alison Clark

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10:58 AM, 30th July 2024, About 23 hours ago

Reply to the comment left by Hitesh at 30/07/2024 - 10:53
Thank you.

Alison Clark

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11:04 AM, 30th July 2024, About 23 hours ago

Reply to the comment left by Geoff1975 at 30/07/2024 - 10:06
Thank you Geoff. I will look into any admin charges for the deed of surrender by the agent! and like you say, pass this onto the tenant.

My legal rent protection team can also provide me with a copy DS. I think as long as this is filled in correctly and witnessed, I could go down this avenue too.

Thank you.

Chris @ Possession Friend

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11:30 AM, 30th July 2024, About 23 hours ago

Reply to the comment left by Geoff1975 at 30/07/2024 - 10:06
... putting it another way, What reason would / could / might the tenant have for not signing a Deed of Surrender. ?

After all, its the Tenant that wants you to 'let him off the hook' for the remainder of his fixed term.

Alison Clark

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12:34 PM, 30th July 2024, About 22 hours ago

Reply to the comment left by Chris @ Possession Friend at 30/07/2024 - 11:30
Thank you. I agree Chris.

howdidigethere

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12:46 PM, 30th July 2024, About 22 hours ago

A Deed of Surrender is just a formality.

What is important by law is the substance, not the form.

If your email conversation expresses without ambiguity that a surrender has been agreed by both parties, then there is no issue.

You do not have to call it a "deed", it can just be an agreement to surrender which is enough. Just get clarity rom the tenant, and confirm the agreed surrender.

The law has no standing in deciding how contractual parties must operate so long as it is lawful, there is full disclosure and agreement. This is called "Contract Law"! It is not dependant on legislation.

e.g., we accepted a lease surrender from a tenant that absconded for 18 months without communication by her email that said merely "To be clear, I will not be returning." (Even though she had to come back to collect all her furniture and belongings). Our response was, we gladly accept your lease surrender. And that was that.

All else about what they owe you on leaving will be covered by the AST.

Alison Clark

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12:50 PM, 30th July 2024, About 21 hours ago

Reply to the comment left by howdidigethere at 30/07/2024 - 12:46
Thank you.

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