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Deed of Surrender


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This is a draft deed of surrender, possibly suitable for use to terminate a shorthold tenancy agreement by surrender during the initial fixed term, to evidence the agreement between the landlord and the tenant.

 

It is only for use in a straightforward case, and must be modified to suit your particular circumstances. It is not suitable for use where there is a guarantor of the rent, as it does not contain a release of the guarantor covenants.

 

The words in [square brackets] in the document need substituting by you with the actual details of the tenancy.

 

The document must be signed by all parties, witnessed where indicated by an independent third person, and dated with the date on which the tenant vacates the property.

 

 

 

THIS DEED OF SURRENDER is made this day of 2007

BETWEEN [name] of [address] (hereinafter called "the Tenant") of the one part and [name] of [address] (hereinafter called "the Landlord") of the other part

 

WHEREAS:-

(1) By a lease dated [date] made between [name of landlord] of the first part and [name of tenant] of the second part (hereinafter called "the Lease") all those premises situated at [address] (hereinafter called "the Premises") were demised to the Tenant for the term of __ months from (date) at an initial rent of £____ per calendar month subject to the covenants on the part of the tenant and conditions therein contained

(2) The Premises remain vested in the Tenant

(3) The reversion immediately expectant on the term of years granted by the Lease remains vested in the Landlord

(4) The Tenant hereby agrees to surrender to the Landlord the term of years granted by the Lease in consideration of the release by the Landlord hereinafter contained and on the terms herein set out and the Landlord hereby agrees to accept the said surrender on that basis

 

NOW THIS DEED WITNESSES as follows:-

1. IN consideration of the release by the Reversioner hereinafter contained the Tenant HEREBY ASSIGNS AND SURRENDERS to the Landlord ALL THOSE premises comprised in and demised by the Lease to the intent that the term of years granted by the Lease shall forthwith merge and be extinguished in the reversion immediately expectant thereon

2. THE Landlord HEREBY RELEASES the Tenant from all liability costs claims and demands whatsoever arising out of or in respect of the non-observance or non-performance as the case may be of the tenant covenants and the conditions contained or referred to in the Lease

3. IT is hereby agreed and declared that in this deed where the context so requires the singular shall be deemed to include the plural and vice versa and the masculine gender shall be deemed to include both the feminine gender and the neuter gender

4. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the

consideration exceeds £60,000

 

IN WITNESS whereof the parties hereto have signed this instrument as their deed in the presence of the persons mentioned below on the day and year first before written

 

SIGNED AS A DEED AND DELIVERED )

by the said [name of landlord] )................................

in the presence of:- )

 

 

Name................................Signature.............................

 

Address.......................................................................

 

Occupation..................................................................

 

SIGNED AS A DEED AND DELIVERED )

by the said [name of Tenant] )................................

in the presence of:- )

 

 

Name................................Signature.............................

 

Address......................................................................

 

Occupation..................................................................

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

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Hi thanks for the draft deed- it's just the sort of thing we need.

 

We heard from the letting agent today- he is acting for the landlord. He wants us to move out much sooner than the date we proposed (2nd December) and that we should move out as soon as possible, probably the 27th October.

 

I am now concerned that our deposit will not be returned in full. He is evasive yet pushy- a smooth talker who dislikes being contradicted.

We're just in a waiting game now- we cannot find somewhere else to live until we know for sure the date we are to move.....

 

Thanks again for the draft!

 

V.

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