Deed of surrender

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    Deed of surrender

    Can anyone point me to a template for a Deed surrendering a tenancy?

    My tenants wish to surrender during the fixed term. Presumably I can get them to sign the deed and then I can hold that copy and only sign it myself once I am ready to agree to the surrender (i.e. once new tenants have been identified and are ready to sign a new AST)?

    I'd rather not leave the Deed of Surrender until the last minute as I have previously had Ts change their mind about moving out.

    Thanks.
    Assume I know nothing.

    #2
    A Deed of Surrender dated [leave space] 2011

    1. Parties

    1.1 The Tenant: [insert tenant's full name and address]

    1.2 The Landlord: [insert landlord's full name and address]

    2. Definitions

    In this Deed:

    2.1 "the Agreement" means an Agreement dated [insert date] made between the Landlord (1) and the Tenant (2)

    2.2 "the Premises" means [briefly describe premises] as more particularly described in the Agreement

    2.3 "the Tenancy" means the tenancy of the Premises arising under the Agreement and all other (if any) the estate right and interest of the Tenant in the Premises

    2.4 "the Tenant's Obligations" means the obligations of the Tenant arising under the Tenancy

    2.5 "the Landlord's Obligations" means the obligations of the Landlord arising under the Tenancy

    3. Surrender

    The Tenant surrenders the Tenancy to the Landlord

    4. Acceptance

    The Landlord accepts the surrender

    5. Mutual Release

    5.1 The Tenant releases the Landlord from the Landlord's Obligations

    5.2 The Landlord releases the Tenant from the Tenant's Obligations

    6 Deed

    This instrument is executed by the parties as their deed

    [To be printed in duplicate one copy to have at the end:]

    Signed as a deed by the Tenant
    in the presence of

    [and the other:]

    Signed as a deed by the Landlord
    in the presence of

    [Each party should sign opposite the "signed as a deed" wording in the presence of an independent witness who should sign and write his or her name and address underneath the "signed as a deed" wording]

    ***

    Upon being satisfied that you will get possession of the premises, both parts of the deed should be dated with the same date. The tenant should hand to you the part he has signed and you should then hand to the tenant the part you have signed.

    If the above proves useful I politely request you make a contribution to a cancer charity.

    N.B. For the record and for the avoidance of doubt there is no relationship of lawyer and client between us and I owe you no duty of care. You use the form entirely at your own risk. For full professional advice backed by indemnity insurance consult a solicitor or a licensed conveyancer.

    Comment


      #3
      Thanks LC.

      Can I get T to sign both copies, give them to me and then I give them a signed copy back once I am ready to accept? Would it matter that T & L's dates of signature differ by a matter of weeks?



      (Donation of £20 going to Leukaemia & Lymphoma Research - thanks).
      Assume I know nothing.

      Comment


        #4
        If they wish to set a surrender date is it sufficient to amend pgph 3 to read:

        The Tenant surrenders the Tenancy to the Landlord on 31 May
        Assume I know nothing.

        Comment


          #5
          Originally posted by Brixtonia View Post
          Thanks LC.

          Can I get T to sign both copies, give them to me and then I give them a signed copy back once I am ready to accept? Would it matter that T & L's dates of signature differ by a matter of weeks?



          (Donation of £20 going to Leukaemia & Lymphoma Research - thanks).
          There is no need. The surrender should take place when both parties are ready. Follow the instructions and then both parties know where they are.

          Comment


            #6
            Originally posted by Brixtonia View Post
            If they wish to set a surrender date is it sufficient to amend pgph 3 to read:

            The Tenant surrenders the Tenancy to the Landlord on 31 May
            Absolutely not.

            Comment


              #7
              Thanks LC. I wouldn't ask if I did not think there was a need.

              It goes without saying that the surrender can only take place once both parties are ready and agree. But does that preclude the scenario where T signs the Deed when they are ready and L waits until conditions have been satisfied before accepting the surrender?

              And is it not possible for the surrender deed to include a future date upon which it is agreed that the tenancy will cease which is not the same as the date of the deed? This would facilitate the signing of a new contract with a new T before current T leaves.
              Assume I know nothing.

              Comment

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