Deed of Surrender

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    Deed of Surrender

    Dear Forum

    Looking at doing a Deed of Surrender for a tenant that wants to leave, as he's been advised by someone that if he's homeless then council will re-house him, but personally I don't think he has a chance.

    The issue for me is that looking at the template available via this website, it would mean that if I sign, then I will write off his arrears which are high.

    Can I just make an amendment something along the lines that I sign but he agrees that he owes X amount to be paid of by X amount each month.

    Sorry if this sounds a bit obvious, but don't want to have another tenant owing huge arrears and walking away laughing.

    Thanks for any advice.

    #2
    Councils normally require an ex tenant to have an arrangement to pay the arrears, even if only the minimum 3.75 pw. Unless they have a priority need it's unlikely they will be assisted for anything other than advice.

    You can put anything you like into an agreement but without a ccj you can't compel anyone to make payments and then only if they're working.

    Comment


      #3
      Council doesn't (generally) have a duty to house someone who are deemed intentionally homeless, like someone who voluntarily surrender their tenancy....
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Originally posted by KTC View Post
        Council doesn't (generally) have a duty to house someone who are deemed intentionally homeless, like someone who voluntarily surrender their tenancy....
        Not strictly true because the question is whether there is genuinely an affordability issue. Surrendering a tenancy when it's unaffordable is not normally deemed an intentionality issue if it's done in good faith.

        Comment


          #5
          Originally posted by rugbyroom View Post
          Can I just make an amendment something along the lines that I sign but he agrees that he owes X amount to be paid of by X amount each month.
          Yes you can. Make sure you get the drafting right.

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