Deed of surrender

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    Deed of surrender

    Hi

    I’m a tenant and I moved out of my last property having found someone to replace me. As it’s a joint tenancy, I’ve been issued a deed of surrender to sign, along with my former housemates that have also vacated the property. One of the tenant’s is refusing to sign the deed of surrender, meaning our assured short hold tenancy agreement is still valid until everyone signs the deed of surrender.

    What are some options?

    #2
    Is the tenancy still in fixed term or has it become periodic, please??
    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...

    Comment


      #3
      It is a fixed term - 12 months. We have new people living in the property that have already moved in and taken our rooms, so they are waiting to sign on the new tenancy agreement.

      Comment


        #4
        I am told by an expert on evictions from East Ham. London that The landlord is well within his/her rights to throw your belongings into the street and change the locks if you don't sign the Deed of Surrender. Trust me, there are plenty of legal mechanisms available to remove a stubborn tenant. As a Landlord myself, and a superior one at that, all options are left open for tenants who refuse to comply.

        Comment


          #5
          Did your landlord ask you to replace yourself? If not, you have moved someone in who doesn't have a tenancy and the landlord may refuse to allow the tenancy to end on that basis until the property is empty. If its one of the departing tenants who refuses to sign then you could try to persuade the landlord to pursue them alone for the rent as each tenant is responsible for ALL the rent.

          Comment


            #6
            Originally posted by ColinHH View Post
            I am told by an expert on evictions from East Ham. London that The landlord is well within his/her rights to throw your belongings into the street and change the locks if you don't sign the Deed of Surrender.
            Doesn't sound like much of an expert to me.

            Comment


              #7
              Originally posted by ColinHH View Post
              I am told by an expert on evictions from East Ham. London that The landlord is well within his/her rights to throw your belongings into the street and change the locks if you don't sign the Deed of Surrender. Trust me, there are plenty of legal mechanisms available to remove a stubborn tenant. As a Landlord myself, and a superior one at that, all options are left open for tenants who refuse to comply.
              Such actions can and have resulted in landlords or their minions in jail, plus fines.

              Colin: Are you using "superior" here in the sense of...
              https://www.lawinsider.com/dictionary/superior-landlord

              - or as a description of the sort of person you are, please?
              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...

              Comment


                #8
                Originally posted by ColinHH View Post
                I am told by an expert on evictions from East Ham. London that The landlord is well within his/her rights to throw your belongings into the street and change the locks if you don't sign the Deed of Surrender. Trust me, there are plenty of legal mechanisms available to remove a stubborn tenant. As a Landlord myself, and a superior one at that, all options are left open for tenants who refuse to comply.
                That is rubbish.

                It sounds as if the person who refused to sign the deed of surrender was then illegally evicted by having other tenants put in place. Given it is during the fixed term (as far as I can work out) the deed of surrender will not be valid unless a) signed by all parts of the joint tenant AND b) all parts of the joint tenant actually vacate the place.

                Who installed the new tenant(s) -- the landlord or some parts of the joint tenant?

                Comment


                  #9
                  Originally posted by ColinHH View Post
                  I am told by an expert on evictions from East Ham. London that The landlord is well within his/her rights to throw your belongings into the street and change the locks if you don't sign the Deed of Surrender..
                  Either the first tenancy is continuing and needs to be ended by the deed of surrender, in which case the landlord can't throw anything out.

                  Or the surrender has actually happened and the deed is now simply a document formalising the terms of the surrender, in which case the tenant's don't have any right to access the building and any remaining belongings are subject to the standard legal position regarding abandoned possessions (and can't be thrown into the street for a while).

                  Throwing someone's possessions into the street would also probably be fly-tipping.
                  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).

                  Comment

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