Deed of Surrender signing

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    Deed of Surrender signing



    Sorry possible daft question but I need to get this right.

    Our tenant is due to leave and sign a Deed of Surrender this week. My wife is the named landlord but will be struggle to get out of work for the agreed handover time.
    ​​​​
    Can she sign the deed and have it witnessed, then I bring the signed deed to the tenant who will sign and have it witnessed by another?

    Thanks

    #2
    I'm pretty sure "landlord's representative" would be sufficient.

    A letting agent can sign an AST on behalf of a landlord to start a tenancy.

    See also;

    https://www.osborneclarke.com/insigh...en%20or%20over.

    Comment


      #3
      There should be two copies, one for tenant, one for landlord.

      What boletus said...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        There should indeed to be two copies - preferably "part" and "counterpart", that is two documents identical except that one is prepared for execution by the landlord and the other for execution by the tenant. The surrender is then completed when the two parts are exchanged leaving the tenant holding the copy signed by the landlord and the landlord holding the copy signed by the tenant.

        As the document is a deed both parties must sign personally having their signatures independently witnessed. As the landlord's husband you should not witness either signature.

        Comment


          #5
          Thanks all, she left before I got there with the deeds! House is empty apart from all her rubbish and I have texts telling me where key was hidden and that I can scrap everything that's left. Abandonment complete in my eyes.

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            #6
            Make sure you keep the text.

            Comment


              #7
              Originally posted by Pabloblanco View Post
              Abandonment complete in my eyes.
              There's no such thing, legally, as abandonment.
              What you have there is an offer to surrender the tenancy, so respond accepting that the tenancy has now ended.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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