Deed of Surrender – Landlord and Tenant Q&A

Deed of Surrender – Landlord and Tenant Q&A

13:41 PM, 20th February 2014, About 10 years ago 96

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Dear Readers,

If a tenant signs a tenancy surrender form (Deed of Surrender), but subsequently changes their mind and refuses to move out or return the keys, is the landlord legally allowed to change the locks and deny the tenant access? Would this then be in breach of the Protection from Eviction Act?

Putting it slightly differently:
If the tenant has surrendered the tenancy, by signing a tenancy surrender form, but remains in occupation, are they then an illegal squatter?

Does a landlord need a court order to evict them, or is there a different lawful way of getting them out?

Many Thanks

RobertGood Question


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Comments

Fed Up Landlord

9:48 AM, 23rd February 2014, About 10 years ago

Mark,

It's interesting how Tessa phrased it. To me it does not legalise the status of a Deed of Surrender:

"You may be able to base a possession order on the grounds that the tenancy has ended and the tenant has failed to move out, as you do after service of a Notice to Quit by tenants (and also by landlords on unregulated tenancies). It would depend I suppose on the circumstances of the case and what the deed actually said"

This does not seem definitive to me and I can well understand Tessa's phrasing here because I don't think there is one. I echo Industry Observer's comments and indeed Rob Mellors summary. The thinking seems to be get the tenant to sign it after they have moved out and handed over the keys. In this way it may provide the landlord with some protection if the tenant tries to sue for unlawful eviction after the event.

Tessa Shepperson

10:03 AM, 23rd February 2014, About 10 years ago

Mark: I don't sell templates on Landlord Law. Instead, unlimited use of the documentation is a benefit of Landlord Law membership.

I don't have a deed of surrender. LIke Industry Observer I am sceptical as to their practical value.

We do have a letter which confirms a surrender agreement. However this makes it clear that this will only take effect after vacant possession has been provided and keys have been handed back etc etc

Fed Up Landlord

10:08 AM, 23rd February 2014, About 10 years ago

Tessa thanks for this. The value of Property 118 as a forum is highlighted with these posts. Good debate, informed posts, and an education for us all.

Mark Alexander - Founder of Property118

10:15 AM, 23rd February 2014, About 10 years ago

Thank you indeed Tessa, I have also invited a few more L&T solicitors to comment as I'm finding this debate quite fascinating. I'd love to get to the bottom of this, i.e. where it came from, which solicitors recommend them, whether there is any case law on the ground of trespass when a Deed of Surrender has been signed but a tenant has failed to relinquish possession etc.
.

Industry Observer

10:17 AM, 23rd February 2014, About 10 years ago

Why would the tenant sue for unlawful eviction, unless you has unlawfuylly evicted him, in which case signing anything Deed or otherwise will not protect you anyway.

As I say I just don't see the point in this at all. Maybe that's why I've never heard of it Mark - because it is ineffective!!

Tessa Shepperson

10:24 AM, 23rd February 2014, About 10 years ago

My understanding is that if a tenant stays on in a property after a tenancy has ended (in circumstances where a periodic tenancy has not arisen - for example after service of a NTQ on an unregulated tenant) - you do not use the special 'squatters / trespassers' procedure, but the standard possession procedure.

The squatters / trespassers procedure is for genuine trespassers cases and in the case of licensees whose license to occupy has ended.

The procedure for evicting a tenant whose tenancy has ended is included in my DIY Eviction Guide http://www.landlordlaweviction.co.uk/

I also have a squatters kit here http://www.evictingsquatters.co.uk/

Fed Up Landlord

10:26 AM, 23rd February 2014, About 10 years ago

Reply to the comment left by "Industry Observer " at "23/02/2014 - 10:17":

We all know that some tenants say one thing and do another. So they move out early and voluntarily, hand the keys over, smile...and go straight to the council saying LL has kicked them out. Without something signed it's your word against theirs. So either a letter as suggested by Tessa or....a Deed of Surrender may be a defence.

Industry Observer

10:34 AM, 23rd February 2014, About 10 years ago

But that's the point Gary it is all confirmed in a simple letter, not some fancy Deed of Surrender. If they are that cute do you really think they'll sign that and get it witnessed.

Anyway noone other than you has given me any scenario, so I'm out

Mark Alexander - Founder of Property118

10:38 AM, 23rd February 2014, About 10 years ago

Reply to the comment left by "Industry Observer " at "23/02/2014 - 10:34":

You might just be exiting a bit quickly IO, only time will tell.
.

Renovate To let

11:59 AM, 23rd February 2014, About 10 years ago

Reply to the comment left by "Industry Observer " at "23/02/2014 - 10:34":

While you are still teetering on the edge of being out, here's a scenario:

Tenant wants to leave during fixed term and landlord is agreeable as there have been a few "issues".

What letter or document should be used to formalise this?

Then, tenant, having signed the above document/letter/whatever, sends an email saying he is no longer going to leave and stays in the property.

(Assuming landlord still wants him to go) exactly what process is now used to gain possession?

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