Deed of Surrender – Landlord and Tenant Q&A

When a tenant leaves normally (or at least desirably) they hand back all keys and remove all belongings and the landlord regains vacant possession. The landlord is wearing the shirt so to speak and the tenant must go through the courts to prove otherwise. No paperwork is normally needed.

When a tenant does not return all keys or does not remove all belongings then it is not clear who has possession or who is wearing the shirt, therefore a Deed of Surrender can help prove things.

When a tenant continues to live in the property then the tenant retains possession, it is clear the tenant is wearing the shirt, a Deed of Surrender is of little help and the landlord has to go through the courts.

Wearing the shirt! Google "Possession is nine-tenths of the law".

Reply to the comment left by "Steve Masters" at "22/02/2014 - 09:59":

You almost took my question there...

If the tenant has vacated, but has left some stuff behind, like bits of furniture, possibly in poor condition, or there might be black bags left, do they contain rubbish or are they belongings that they intend to collect later ?

They've walked off with the keys, or lost them just to p*ss you off, do they have to remove every scrap of rubbish/every item, before you can be sure you have possession ?
The keys are a sure sign, but are they vital as proof of possession ?

My tenant left stuff behind and I was advised to post notices on front door and my contact details for everyone to see, giving him 21 days to collect them.
- We didn't bother waiting 21 days since the bottle flys were building up in the bedrooms from the "magic pizzas" which he had "created" on the carpet !!
- As we removed the carpet, the little bottle fly 'babies' were dropping out and slipping between the cracks in the floorboards - poor things !! 🙁

Reply to the comment left by "Jeremy Smith" at "22/02/2014 - 10:18":

Jeremy, now we have strayed into the gloomy territory of abandonment. The slippery £$£%^s (tenants I mean) wont be signing any Deed of Surrender so then the only sure way to regain possession is through the courts.

You can exercise your own judgement but at your own risk!

Bit like Industry Observer I had never heard of the Deed of Surrender. I have heard of a Deed of Guarantee and used them but not the former.

The thing that strikes me is where in statue law does it state that the Deed of Surrender is legally binding? I cannot find anything in the L and T Acts that covers it. There's plenty in the Act for unlawful eviction etc.

What do we think the Judge will rely on? Statute or what appears to be a common law practice? I may be wrong and no doubt am but having been in front of Judges on tenant matters we are not their favourite people are we?

Just to clarify the wording of the document, in case it makes any difference whatsoever:

Surrender of Tenancy / Occupancy Licence

Dear (landlord name)
 
RE: (property address)
 
I voluntarily give up my tenancy or occupation at the above address and I have returned (or will return without delay) all keys and copies of keys for the premises. As no deposit has been paid, I acknowledge the receipt of £0.00 (£nil) in full and final settlement of the balance owing of any deposit paid (if applicable) and any other liabilities owed to me by the landlord.

I acknowledge that by receiving the above sum it does not prejudice or absolve me from any liability I may have to owner landlord or any third party or any action the owner landlord or third party may have against me.

I agree to indemnify the owner landlord against any third party claims that may arise against him or his agents from my occupation of the property. I acknowledge I was advised and given an opportunity to seek independent legal advice before signing this agreement.

Signed: ……….......………...........................…………
Print Name: ……........…...................................………… Date: ……..................………
 

IMPORTANT NOTICE
You should seek legal advice before signing this document. If you need advice about this document and what you should do about it, take it immediately to a citizens advice bureau, a housing advice centre, a law centre or a solicitor.

Robert,

I thought Deeds had to be signed and witnessed to be valid and enforceable.

I haven't read the whole thread and I think it has been touched on but this is covered under the distress for rent act - I have used it in the past and when challenged they chose to move out as they realised they did not have a leg to stand on

Just remember that you have to show that you have a tenant lined up and it is delaying them from moving in

http://www.legislation.gov.uk/apgb/Geo2/11/19/contents

Reply to the comment left by "Gary Nock" at "22/02/2014 - 12:59":

This is a PDF of a Deed of Surrender document which I found via a Google Search >>> http://www.studenthousing.lon.ac.uk/uploads/media/Surrender.pdf
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Nice one Mark. It's been saved to my tenancy documents. My view is it's useful to get signed with a tenant who wants to surrender early and goes. For one that signs and then doesn't go. Well I think to be safe it's S.21 or S.8!!

Reply to the comment left by "Gary Nock" at "22/02/2014 - 20:41":

How can you serve notice on a tenancy which has already been terminated by mutual agreement and documented by way of deed.

Wouldn't the notice be evidence of a new undocumented tenancy having commenced?
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