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

I recently cancelled a tenancy agreement with my agent when I transferred a tenanted property to my son. My son understandably did not want to carry on paying the agent 8% + vat just for collecting the rent. The agents standard terms was a £600 cancellation fee to cancel the agreement with the agent which I paid. If the agent were to raise an invoice for say £50, dated and also detailed as an Agency Termination Fee which is then promptly paid then this ought to be sufficient proof that the agreement with the agent has been cancelled.

Need one or not get one signed and dated

Reply to the comment left by Rob Crawford at 30/07/2024 - 10:11
Your response is not correct. A deed is a specific form of agreement which has to be witnessed and executed, (not just given).

A court may consider a simple exchange of emails enough for an express surrender, particularly if the tenant has handed back the keys, but a wily tenant could probably persuade a judge that they were planning to return and had never intended to surrender the tenancy.

I think agreements involving property generally have to be a deed with some exceptions I.e. tenancy agreement which is not a deed. But ending a tenancy early should technically be via a deed. An email exchange even if it says deed of surrender isn’t a deed. A deed needs to be witnessed. It’s a simply process so don’t take any chances and just do the deed of surrender. Of course estate agents take chances and get away with it most of the time because a tenant says they want to go and landlord agrees so usually that’s it. But what if you agree to let tenant go then they don’t like something regarding deposit deduction and decide to be awkward and decide it was actually an illegal eviction as the tenancy wasn’t ended correctly, after they talk to a left wing solicitor from shelter. They hate landlords. Don’t take the chance
https://www.gov.uk/government/publications/execution-of-deeds/practice-guide-8-execution-of-deeds#:~:text=A%20deed%20may%20be%20validly,Miscellaneous%20Provisions)%20Act%201989).

Reply to the comment left by Geoff1975 at 30/07/2024 - 21:54
Thank you.

I have requested details from the agent regarding a deed and their charges! I’ll let you know Geoff.

Thank you to you everyone who responded.

Alison

Reply to the comment left by Geoff1975 at 30/07/2024 - 21:54
Thank you.

I have requested details from the agent regarding a deed and their charges! I’ll let you know Geoff.

Thank you to you everyone who responded.

Alison

Reply to the comment left by Alison Clark at 30/07/2024 - 10:56
Hi
There are so many excellent lawyers, who do not appear to have replied, unless I missed their reply.
The legal principle is that a Deed can me modified by another Deed.
A Deed merely means apart from fancy language there must be a witness.
If your original AST was by way of a Deed, then strictly in certain circumstances you would need another Deed to modify it other than by effluxion of time, for example.
Effluxion of time merely means the AST came to an end.
You can modify an ordinary agreement by Deed, if you like.

A Deed of Surrender is a legal document that formally ends the tenancy agreement before the fixed term expires. This is crucial to protect you legally, ensuring that the tenant cannot later claim they still have a right to occupy the property. Make sure the Deed of Surrender is properly drafted, ideally by a solicitor or with legal oversight. While emails can serve as written evidence of agreements, they may not provide the necessary legal security you need, especially in a situation where the tenant has been difficult. Relying solely on email communication without a formal Deed of Surrender could leave you vulnerable if the tenant later disputes the terms or conditions of the early release. Your agent's stipulations regarding the check-out process, payment of utility bills, and leaving the property clean are standard. However, the enforcement of these conditions can be challenging, especially if the tenant is obstructive. The forwarding address requirement is also standard, but if the tenant provides false information, pursuing them could be difficult, especially if your agent is no longer involved. If there are outstanding debts or damages after the tenant leaves, and you no longer have a relationship with the agent, you may need to pursue the tenant yourself or hire a debt collection agency. This can be time-consuming and costly. If you already feel that your agent is not thorough or diligent, you have valid reasons to be cautious. The agent's involvement will likely end once the tenancy is surrendered, leaving you to deal with any remaining issues on your own. Given the history of problems with your tenant and your lack of confidence in your agent, your concerns are legitimate. You want to ensure that the early release is handled properly to avoid future disputes or financial loss. Ensure that all communications, especially those that outline the terms of the early release, are documented and stored securely. This includes emails, letters, and the Deed of Surrender. Make sure there is a thorough final inspection of the property, ideally with photographic or video evidence. If there are damages, you need to document them before the tenant leaves. The deposit can be used to cover these costs, but make sure the deposit release process follows the regulations of the deposit protection scheme. If you plan to self-manage or sell the property, start preparing now. Ensure that all necessary paperwork and legal obligations are in order. Clarify with your agent how they will handle the transition if the early release is agreed upon. Understand the scope of their responsibilities and when they will officially step away.

We are a law firm in Guildford, specialising in landlord and tenant issues. Our rates are competitive and we give the initial 20-minute consultation for free. We can be contacted via Basil Coutsoudis at 07927 288895.

Reply to the comment left by Lina Borzenkova at 08/08/2024 - 10:06
Hello Alison
This is a beautiful reply.
From first principles.
Is your AST by way of a Deed?
If it is merely an Agreement (not by way of a Deed), then you do not need another Deed, whatever it is called: Surrender or whatever.
In the absence of a document, you look at the facts (res ipsa loquitur) and try to infer intention.
Has he stopped paying rent, council tax, utilities etc. Has he informed them of his new address?
These bodies may not tell you.
Has he returned the keys?
This is most important.
If he returns the keys, then he has ended his tenancy.
If he is uncooperative, then is he likely to sign a Deed of Surrender?

Reply to the comment left by SCP at 08/08/2024 - 11:11In the absence of a Deed of Surrender, the key factors will be the tenant’s actions, particularly whether they have returned the keys, stopped paying rent, and moved out. If these actions are clear and uncontested, they can effectively end the tenancy without the need for a formal deed. However, if there’s any doubt or potential for dispute, having a Deed of Surrender (or at least written confirmation of the tenant’s intention to leave) can provide added protection. It’s also advisable to document all communications and actions related to the tenant’s departure to safeguard your position. And as I mentioned, we are a law firm in Guildford, specialising in landlord and tenant issues.