surrendering a protected tenancy

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    #31
    If your mother is the sole tenant then she is the only one who needs to sign the deed of surrender. Legally, the landlord is covered by the agreement for surrender in which and your sister give up any occupational rights.

    Two things are thought not clear. The first is why the landlord declines to allow you and your sister to be parties to the deed since it does not prejudice his position and, though he is covered by the agreement, would put it beyond doubt. The second is why your accountant thinks it is necessary when the position is covered by the agreement.

    Anyway, to answer your question, no, I do not think your mother can refuse to sign.

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      #32
      Perhaps the landlord is worried of doing something that might be taken as an acknowledgement that the other persons are also tenants.

      How come there is no solicitor involved? There is probably quite a bit of money involved for all parties.

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        #33
        Originally posted by jjlandlord View Post
        There is probably quite a bit of money involved for all parties.
        In the OP's previous thread, it's £100K.

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          #34
          Originally posted by jjlandlord View Post
          Perhaps the landlord is worried of doing something that might be taken as an acknowledgement that the other persons are also tenants.
          But then why make them parties to the agreement? If there is a possibility someone has an interest you really need to deal with them.

          The surrender can in any event be drafted on the basis that the tenant surrenders the tenancy and her children surrender "all their estate tight and interest (if any)".

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            #35
            Two related threads have been merged.
            I also post as Mars_Mug when not moderating

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              #36
              lawcruncher, jjlandlord, mariner, thanks once again for great advice and opinions. I have sent you all pvt email message. if you dont receive them pls let me know. thanks
              PS. not sure if lm working the pvt email correctly. I am pressing the send message button but my sent folder is showing no sent emails.

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                #37
                UPDATE: good news members, the LL's solicitor has now agreed to include my sister and myself on the deed as *relinquishing our rights as occupiers* so now we all will be signing the deed. This is all we asked them to do.
                I just wanted to ask a question, which to be honest we never realy ever thought abt until recently until receiving the deed contract.
                I always assumed I was a *Tenant* of our family home, having lived in it now for over 40 yrs? Although we know only Mum and Dad's name were down on the tenancy, I just assumed that we would still be referred to as tenants also being the children of the parents who have the tenancy. Are we as the contract states *occupiers* and not tenants in the legal sense ?

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                  #38
                  l think l understand the difference now after looking at a past LLZ post.
                  it does all seem a bit strange mind,... should Mum pop her cloggs first then we would go from occupiers with the least security of tenure,... to tenants with the best security of tenure of any tenants.

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