Deed of Surrender – Landlord and Tenant Q&A

Reply to the comment left by “Romain ” at “23/02/2014 – 13:25“:

I agree but we still need some detail in order to fully answer the OP.

Assuming the need to apply for possession, is this via form N5 and, if so, what grounds should be used in this situation?

Tessa’s point about CPR 55.1(b) is a good one.

Without knowing for sure (I don’t deal with possession proceedings at my firm), my guess would be that the claim should be issued with claim form N5, placing an ‘X’ in the box entitled “trespass”, under the heading “Grounds for Possession”.

Thanks, Romain.

Time to finish some of my less interesting fee paying work now, I think (procrastination is a wonderful thing)! 😉

Reply to the comment left by “Roger Hardwick” at “23/02/2014 – 13:10“:

Hi Roger

Thank you so much for providing such a detailed well referenced response 🙂
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Reply to the comment left by “Roger Hardwick” at “23/02/2014 – 14:53“:

Roger,

Why Procrastinate today when you can put it off ’til tomorrow !

Reply to the comment left by “Steve Masters” at “20/02/2014 – 13:58“:

My tenant just out on bail vacated amicably today and after he removed all his belongings and handed back one set of keys (the other set claimed stolen) we exchanged signed copies of a “Declaration of Surrender of Tenancy”.

Perhaps I was just lucky that we parted amicably but I’m convinced that because I do my best to treat my tenants well and keep up communication with them I tend to make my own luck. Hopefully my luck will extend to not needing to refer back to my documentation but if I need to it’s there to help.

Reply to the comment left by “Tessa Shepperson” at “23/02/2014 – 10:24“:

Hi Tessa

You’ve mentioned that the situation is different if it is for a licensee who’s licence to occupy has come to an end. I used licence agreements in my HMOs, and I know that the distinction between a tenancy and a licence can be problematic, but the agreement (and what happens in practice) have been looked at by the Council, the CAB, and Shelter (via the CAB), and they have all accepted that it probably is a licence agreement (though of course only a court could determine this for sure if it was ever challenged). With this in mind, could you perhaps clarify for me how the situation is different if the agreement is a licence rather than a tenancy (for a room in a HMO).

Reply to the comment left by “Robert Mellors” at “28/02/2014 – 09:43“:

Hi Robert

On what basis do you think a licence is relevant and that you are not creating tenancies?

Do you provide service accommodation, B&B, holiday lets or is there another angle?
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Reply to the comment left by “Robert Mellors” at “28/02/2014 – 09:43“:

I’m not sure exactly what I said as I can’t find the post in this long thread, but generally surrender is used in the context of a tenancy rather than a license.

A license is merely a contractual agreement to use the property. A tenancy is a form of ownership of the property itself for a period of time (Law of Property Act 1925 s1).

One is ending an legal interest in the land/property. The other is ending a contract. So different rules apply.

Reply to the comment left by “Tessa Shepperson” at “28/02/2014 – 14:24“:

Easy way to find your post is to click through to your member profile.
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