Tenancy agreement ended mututally between tenant and landlord

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  • #16
    First and most importantly, whether the tenancy has ended or not, the landlord cannot change the locks. He must obtain a court order to get possession.

    Whether the tenancy has in fact come to an end depends on the nature of the agreement. The only instrument (apart from a new lease) which can actually end a tenancy is a deed which takes effect immediately. Any other instrument can (so long as it complies with section 2 of the Law of Property Miscellaneous Provisions Act 1989) only operate as an agreement to surrender which must be completed by an actual surrender. Until the actual surrender takes place the tenancy continues. The actual surrender can be completed by executing a deed of surrender or by some unequivocal acts by both parties.

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