Joint tenancy deed of surrender.

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    Joint tenancy deed of surrender.

    Ok so this is quite a long winded situation so apologies, my step-daughter and her partner have split and he wants to remain in the property for a short period before moving on also. However my daughter and guarantor wish to be taken off the tenancy with immediate effect, the landlord has attempted to do this by issuing a Deed of Surrender individually to each of them which obviously contain different dates. My question is - is this "legal" and implementable? He has issued step-daughter and guarantor with a Deed of Surrender with immediate effect but has then tried to dictate that the guarantor will be liable for the "ex" during his extended period of tenancy until his Deed of Surrender takes effect.

    The other aspect of this is that they had a Section 8 served against them in the property (requesting immediate possession with no notice period) with an actionable date of 21st January 2021, now I know there is a ban on bailiff evictions but I would have thought that moving out of the property would satisfy the terms of the section 8 without the need for a deed of surrender. It is quite a complex and convoluted situation which as a Landlord myself has never had to deal with.

    #2
    Are they in a fixed term tenancy or is it periodic?

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      #3
      A deed of surrender only functions to document the terms of a surrender that has already happened / is happening right "now".
      A future "deed of surrender" is some kind of notice.

      In a joint tenancy (which presumably this is), there is only one tenant, so different deeds with different individuals and dates doesn't work.
      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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        #4
        Assuming it's a fixed term tenancy, the landlord has probably created a legal mess by doing this, but if its what the tenants wanted anyway, they should probably just let it slide.

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          #5
          I could be wrong. I understood that with a Deed of Surrender doesn't the Landlord have to offer payment. My landlord wanted me to sign one (I refused) The landlord was offering just £1,00 by way of payment. .

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            #6
            That was just a bribe. No payment is required for a deed of surrender, in fact the default position is that nothing is owed by either party to the other.

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              #7
              Originally posted by jpkeates View Post
              In a joint tenancy (which presumably this is), there is only one tenant, so different deeds with different individuals and dates doesn't work.
              Some seem to believe that if there are joint tenants there is only one tenant. It is not the case. What is the case is that is that each tenant is "seised of the whole" and that the legal estate can only be dealt with by all the joint tenants. That means that you cannot have one tenant surrender on one day and the other(s) later.

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                #8
                Originally posted by Lawcruncher View Post
                Are they in a fixed term tenancy or is it periodic?
                It is a periodic tenancy, a further development is that the LA's solicitor has told me that 2 separate deeds have been allegedly signed one dated 23rd March (step-daughter) and the other 17th April (ex's) which the solicitor didn't seem bothered about!

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                  #9
                  An actual surrender, as opposed to an agreement for surrender, must have immediate effect. A document which purports to effect a surrender at a later date may operate as an agreement to surrender on that date.

                  As stated above, a surrender must be made by all the tenants and it has to follow from that that they must all surrender on the same date. Accordingly the document purporting to surrender on 23rd March cannot operate to surrender the tenancy. It has to be doubted that the two documents together operate to effect an actual surrender. However, if the ex vacates and the landlord accepts possession then taking all the circumstances together there will be a surrender by operation of law. Given that the 17th April is not far away and that the solicitor is happy I am not sure the issue is worth worrying about too much.

                  As the tenancy is periodic the situation could have been easily dealt with by your step-daughter (with or without the ex) serving notice to quit.

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                    #10
                    I wouldnt have blocked the deed of surrender if the terms had been acceptable however the deed releases and discharges the LL of all claims,losses, liabilities and demands arising under the tenancy but leaves the tenant and guarantor agreeing to pay all reasonable claims,losses, liabilities and demands arising under the tenancy or any other means.

                    Unfortunately he is not a pleasant man to deal with and my wife (guarantor) and step daughter (tenant) went to see him alone and he pressured them into signing it without allowing them opportunity to read it fully, a mistake granted but I think that lesson has now been learned....

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