surrender?

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  • jeffrey
    replied
    Originally posted by islandgirl View Post
    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).

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  • islandgirl
    replied
    good for the T, worthless for the LL it seems!

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  • jeffrey
    replied
    Originally posted by WarwickGrad View Post
    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.

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  • islandgirl
    replied
    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...

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  • WarwickGrad
    replied
    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

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  • thesaint
    replied
    Originally posted by WarwickGrad View Post

    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.

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  • WarwickGrad
    replied
    thanks for the reply

    can anyone else shed some light on this?

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  • islandgirl
    replied
    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.

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  • WarwickGrad
    replied
    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?

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  • islandgirl
    replied
    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....

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  • WarwickGrad
    started a topic surrender?

    surrender?

    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?

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