tenant moving out letter

[AndyJohnson]

One of my tenants has agreed to leave on a certain date

Can i get him to sign a surrender or abandonment (or something else), that will mean he will definitiely leave?

And then get a new tenant to sign a contract starting from that date?

Thanks

[Poppy35]

Unforunately whatever you get him to sign wont be worth the paper its written on. if your tenant does not leave you will have to go down the S21 Route and them possibly court.

Is there any reason you think he wont leave?

[islandgirl]

Poppy is absolutely right! I had a written surrender but tenant changed his mind. He can do what he likes if he is within the fixed term...

[jjlandlord]

I disagree.
A deed of surrender agreed and executed by both parties bring the tenancy to an end as specified. So if the tenant remains after the specified date LL can directly seek a possession order without the need for a section 21 notice.

[islandgirl]

I had a signed letter of surrender from the tenant which was worth nothing. Agreed it was not a deed.

[jjlandlord]

Agreed it was not a deed.

That was the key I think after having read Jeffrey repeating ad nauseam the importance of having these things as deed...

[AndyJohnson]

Understood

I'm sure getting them to sign it will have benefits

It will make them think they have to move

It's unlikely they'll work out thats its not worth the paper its written on

[westminster]

One of my tenants has agreed to leave on a certain date

Can i get him to sign a surrender or abandonment (or something else), that will mean he will definitiely leave?

And then get a new tenant to sign a contract starting from that date?

Whatever you do, don't sign/agree a contract with new T before you have vacant possession. New T could sue for breach of contract.

I recall that a deed of surrender should only be executed after the T has physically moved out (could be wrong), but in any case, as has been pointed out, signing one is no guarantee that T will give up possession as agreed.

[AndyJohnson]

Sure thing!

Has anyone been sued for breach of contract before?

I once turned a tenant away, after he signed a contract.

He was a nice chap at first. After signing, he started making all these demands.

I didnt give him the keys though and asked him to leave the office.

If he doesnt have the keys and hasnt taken possession, does this mean i cant be sued? As he doesnt actually have possession?

Think this is what someone told me once, might even have been of this site?

Please clarify, many thanks

[westminster]

If he doesnt have the keys and hasnt taken possession, does this mean i cant be sued? As he doesnt actually have possession?

No, there is a contract even if T hasn't taken possession. You could be sued for breach of contract.

[johnboy]

Also if the tenant gives a valid notice to quit it may be worthwhile reminding them at the time that if they don't leave you are in titled to charge double rent (as mesne profits). This may just give them the incentive to leave if they are hovering on the verge of staying at a later date.

[jjlandlord]

I recall that a deed of surrender should only be executed after the T has physically moved out (could be wrong), but in any case, as has been pointed out, signing one is no guarantee that T will give up possession as agreed.

I disagree.
Deed of surrender should be executed when agreed. This way if tenant does not vacate LL can directly apply for a possession order.

If LL waits until tenant vacates to have the deed of surrender executed he might as well directly go the s.21 notice route, because in effect the tenancy is not affected.

[westminster]

I disagree.
Deed of surrender should be executed when agreed.

It's something I think I recall lawcruncher saying, but no idea which thread (obviously it would have been well over a month ago), and I could be wrong.

[jjlandlord]

It's something I think I recall lawcruncher saying, but no idea which thread (obviously it would have been well over a month ago), and I could be wrong.

I could not find the thread where he put the procedure forward.
What he said I recall is that the deed of surrender cannot take effect in the future: it must be executed on the day it takes effect.

That does not mean that it must be executed after the tenant has vacated but that once it is executed the tenancy has ended so that the tenant has no legal right to stay beyond that point. If he does the landlord can directly apply for a possession order.

[Snorkerz]

Whilst I agree with JJLandlord that a deed of surrender (or even just Ts notice) is sufficient to go to court for a possession order without using the s8/s21 process, that still does not mean that T will go on the day specified in the deed/notice.

Does anyone have an idea of the relevant timescales?

I envisage - submit n119 to request possession hearing
Month - 6 weeks later, possession hearing,
Tenant given 14 days
14 days later request bailiffs
6 weeks later bailiffs execute order.

That's 3.5 months, but only a guestimate.