Deed of surrender - agent says I don't need one?

Deed of surrender – agent says I don’t need one?

12:01 AM, 30th July 2024, 2 years ago 30

Hi, How can my agent think emails between myself and my tenant are sufficient when agreeing an early release from a tenancy? My tenant has been obstructive with regards access and I’ve had numerous issues, property damage etc.

I will be happy to agree an early release (with a deed of surrender) and will self manage or sell.

This is an 18 month fixed term with 10 months remaining AST.

The tenant has indicated he is searching for a larger property. The agent advised there will be stipulations on the check out, paying all utility bills, leaving the property clean etc before leaving.

Agent will ask for a forwarding address and if this is false and there are issues, it will be dealt with by the debt collector!

Surely by this point my agent will be long gone and my contract with them.

Am I overthinking this?

I do not trust my tenant and my agent is not particularly thorough and diligent.

Please can you advise me?

Thank you,

Alison


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Comments

  • Member Since April 2024 - Comments: 284

    2:41 PM, 8th August 2024, About 2 years ago

    Reply to the comment left by Lina Borzenkova at 08/08/2024 – 10:06
    Thank you so much this reply is so helpful. Please can you explain your following comment. “but make sure the deposit release process follows the regulations of the deposit protection scheme”.

    Than you

    Alison

  • Member Since April 2024 - Comments: 284

    2:46 PM, 8th August 2024, About 2 years ago

    Reply to the comment left by Geoff1975 at 30/07/2024 – 10:06
    Geoff do you just download a Deed of Surrender online? Is this a legal/legitimate document without a solicitor. I called into a high street agent and they advised I can print off free online. Just wish to double check’ thank you. Alison

  • Member Since April 2024 - Comments: 284

    2:52 PM, 8th August 2024, About 2 years ago

    Reply to the comment left by SCP at 06/08/2024 – 16:52
    Thank you.

  • Member Since April 2024 - Comments: 284

    2:57 PM, 8th August 2024, About 2 years ago

    Reply to the comment left by SCP at 08/08/2024 – 11:11
    For me to agree an early release using a signed and witnessed deed of surrender I would hope the tenant YES would sign the surrender. Fingers crossed. Thank you.

  • Member Since April 2024 - Comments: 284

    2:59 PM, 8th August 2024, About 2 years ago

    Reply to the comment left by SCP at 06/08/2024 – 16:52
    Thank you.

  • Member Since April 2024 - Comments: 284

    12:27 PM, 23rd September 2024, About 2 years ago

    Reply to the comment left by SCP at 06/08/2024 – 16:52
    Hi SCP. My tenant is still with me although expressed interest to leave early in June. FT end 27/5/25 and counting.

    How would I know if my AST is by way of deed? It just states Assured Shorthold Tenancy. Would this be stated somewhere in the agreement please?

    Thank you

  • Member Since April 2024 - Comments: 284

    12:43 PM, 23rd September 2024, About 2 years ago

    Reply to the comment left by Dennis Forrest at 30/07/2024 – 15:52
    Hi Dennis, it’s been a little while since I thought about a deed of surrender as my tenant is still with me although expressed he wished to leave the fixed term early.

    When you mention the agent raising an invoice for say £50 for an Agency termination fee are you meaning so I know my fully managed service is terminated following the deed of surrender? Or are you implying the tenant pays this as proof he has surrendered. Sorry a little confused.

    Thank you

  • Member Since April 2024 - Comments: 94

    5:11 PM, 23rd September 2024, About 2 years ago

    you should definitely get a formal deed of surrender. Make sure everything about the property and bills is clear. If you don’t trust your agent, it might be worth talking to a lawyer.

  • Member Since April 2024 - Comments: 284

    5:39 PM, 23rd September 2024, About 2 years ago

    Reply to the comment left by havens havens at 23/09/2024 – 17:11
    Thank you.

    Does a the deed of surrender override the AST please? My agent has mentioned the deed is between me and the tenant and it doesn’t sound like they will be involved. I am fully managed.

  • Member Since April 2024 - Comments: 284

    3:06 PM, 27th March 2025, About 1 year ago

    Reply to the comment left by Lina Borzenkova at 08/08/2024 – 10:06
    Thank you so much. I have just discussed deed of surrender with Basil. Although this thread was back in August I have now served s21 expires 28/5 and my tenant has requested to leave a month early. I agreed the early release, with the agent by deed of surrender. Yet again the agent has let me down by verbalising this arrangement with the tenant and not as I requested, by email. The agent has received a reference for the tenant and completed this, so clearly he is wanting to leave and if passes all checks will leave a month early? I want my property back to sell but feel this will as ever, not be straightforward. The tenant is now not responding!

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