Deed of Surrender – Landlord and Tenant Q&A

Deed of Surrender – Landlord and Tenant Q&A

13:41 PM, 20th February 2014, About 11 years ago 96

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Dear Readers,

If a tenant signs a tenancy surrender form (Deed of Surrender), but subsequently changes their mind and refuses to move out or return the keys, is the landlord legally allowed to change the locks and deny the tenant access? Would this then be in breach of the Protection from Eviction Act?

Putting it slightly differently:
If the tenant has surrendered the tenancy, by signing a tenancy surrender form, but remains in occupation, are they then an illegal squatter?

Does a landlord need a court order to evict them, or is there a different lawful way of getting them out?

Many Thanks

RobertGood Question


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13:38 PM, 23rd February 2014, About 11 years ago

Reply to the comment left by "Romain " at "23/02/2014 - 13:25":

I agree but we still need some detail in order to fully answer the OP.

Assuming the need to apply for possession, is this via form N5 and, if so, what grounds should be used in this situation?

Roger Hardwick

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14:47 PM, 23rd February 2014, About 11 years ago

Tessa's point about CPR 55.1(b) is a good one.

Without knowing for sure (I don't deal with possession proceedings at my firm), my guess would be that the claim should be issued with claim form N5, placing an 'X' in the box entitled "trespass", under the heading "Grounds for Possession".

Roger Hardwick

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14:53 PM, 23rd February 2014, About 11 years ago

Thanks, Romain.

Time to finish some of my less interesting fee paying work now, I think (procrastination is a wonderful thing)! 😉

Mark Alexander - Founder of Property118

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17:01 PM, 23rd February 2014, About 11 years ago

Reply to the comment left by "Roger Hardwick" at "23/02/2014 - 13:10":

Hi Roger

Thank you so much for providing such a detailed well referenced response 🙂
.

Jeremy Smith

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23:59 PM, 23rd February 2014, About 11 years ago

Reply to the comment left by "Roger Hardwick" at "23/02/2014 - 14:53":

Roger,

Why Procrastinate today when you can put it off 'til tomorrow !

Steve Masters

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20:56 PM, 24th February 2014, About 11 years ago

Reply to the comment left by "Steve Masters" at "20/02/2014 - 13:58":

My tenant just out on bail vacated amicably today and after he removed all his belongings and handed back one set of keys (the other set claimed stolen) we exchanged signed copies of a "Declaration of Surrender of Tenancy".

Perhaps I was just lucky that we parted amicably but I'm convinced that because I do my best to treat my tenants well and keep up communication with them I tend to make my own luck. Hopefully my luck will extend to not needing to refer back to my documentation but if I need to it's there to help.

Robert M

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9:43 AM, 28th February 2014, About 11 years ago

Reply to the comment left by "Tessa Shepperson" at "23/02/2014 - 10:24":

Hi Tessa

You've mentioned that the situation is different if it is for a licensee who's licence to occupy has come to an end. I used licence agreements in my HMOs, and I know that the distinction between a tenancy and a licence can be problematic, but the agreement (and what happens in practice) have been looked at by the Council, the CAB, and Shelter (via the CAB), and they have all accepted that it probably is a licence agreement (though of course only a court could determine this for sure if it was ever challenged). With this in mind, could you perhaps clarify for me how the situation is different if the agreement is a licence rather than a tenancy (for a room in a HMO).

Mark Alexander - Founder of Property118

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12:28 PM, 28th February 2014, About 11 years ago

Reply to the comment left by "Robert Mellors" at "28/02/2014 - 09:43":

Hi Robert

On what basis do you think a licence is relevant and that you are not creating tenancies?

Do you provide service accommodation, B&B, holiday lets or is there another angle?
.

Tessa Shepperson

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14:24 PM, 28th February 2014, About 11 years ago

Reply to the comment left by "Robert Mellors" at "28/02/2014 - 09:43":

I'm not sure exactly what I said as I can't find the post in this long thread, but generally surrender is used in the context of a tenancy rather than a license.

A license is merely a contractual agreement to use the property. A tenancy is a form of ownership of the property itself for a period of time (Law of Property Act 1925 s1).

One is ending an legal interest in the land/property. The other is ending a contract. So different rules apply.

Mark Alexander - Founder of Property118

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14:32 PM, 28th February 2014, About 11 years ago

Reply to the comment left by "Tessa Shepperson" at "28/02/2014 - 14:24":

Easy way to find your post is to click through to your member profile.
.

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