Both parties agreeing to end TA early - how?

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    Both parties agreeing to end TA early - how?

    I posted earlier about a problem I'm having with moving dates conflicting with the rent due date (http://www.landlordzone.co.uk/forums...ad.php?t=16955). I think I have found a solution that will work, but wanted to see whether it's a realistic (legal?) option before proposing to LL. All tenancy agreements concerned are 12 month ASTs with 6 month break clause.

    TA1: 18th Feb 2008-17th Feb 2009
    TA2: 26th Feb 2009-25th Feb 2010

    I would like to propose we both mutually agree to terminate TA2 on 1st Mar 2009 and sign a new TA3 beginning 2nd Mar 2009:

    TA3: 2nd Mar 2009- 1st Mar 2010

    TA2 would only be in effect for 4 days - would this work?
    Is there a specific document either party would need to sign/serve to make the surrender of TA2 legally effective, or would a letter signed by both parties do? Ideally, if LL agrees, we'd pay all money due and sign all 3 documents on the same day (TA2, TA2 surrender, TA3). Anyone foresee any problems with this?

    #2
    Any new tenancy agreement drawn up between two parties automatically supersedes the previous agreement by operation of law, so surrender is unnecessary.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Originally posted by Paul_f View Post
      Any new tenancy agreement drawn up between two parties automatically supersedes the previous agreement by operation of law, so surrender is unnecessary.
      Excellent, thanks! So LL shouldn't have a problem, I guess. Will propose this and see what they say.

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