surrender?

[WarwickGrad]

hi all

i have agreed with a tenant that he should moved out in 2 months time

he is not very reliable and untrustworthy based on past experience

can i get him to sign a surrender for the move out date? does this mean he has to move out?

[islandgirl]

if the 2 months is still within the fixed term, the surrender is not worth the paper it is written on! I had a signed letter saying a tenant would leave 8months into a 12 month fixed term - he did not go - took legal advice - told the surrender letter meant nothing....

[WarwickGrad]

surrender!

hiya

no, it's a periodic contract

would a surrender be valid in this instance?

what would happen if he didnt leave after signing a surrender?

[islandgirl]

As far as I know nothing unless you go to court and evict in the usual way. Others may have more experience - my "surrender" was during the fixed term.

[WarwickGrad]

thanks for the reply

can anyone else shed some light on this?

[thesaint]

can i get him to sign a surrender for the move out date? does this mean he has to move out?

He would have the exact same rights as if he didn't sign it.

You can not get a tenant out without a court order, and bailiffs if they decide not to go, no matter what they sign.

The only thing the surrender may be good for, is if he in fact leaves, you get someone else in/change the locks, and then he decides to come back. Even then you may be on shaky ground.

[WarwickGrad]

so what's the point of a surrender then?

i dont see one at the mo, would be happy to here any positives for it if anyone has some

thanks for the feedback

[islandgirl]

Don't think there is one, apart from as said above it would defend you from a charge of illegal eviction if he left then came back...

[jeffrey]

so what's the point of a surrender then?

i dont see one at the mo, would be happy to here any positives for it if anyone has some

thanks for the feedback

A Surrender ends T's liabilities. It's in T's interest to procure this, although there is rarely any obligation on L to accept a Surrender.

[islandgirl]

good for the T, worthless for the LL it seems!

[jeffrey]

good for the T, worthless for the LL it seems!

Except that it enables L:
a. to demand a consideration payment ('reverse premium') from T, in exchange for releasing T from obligations; and
b. to re-let at once with certainty (not needing to await Notice expiry, Possession Order, or eviction of T).