Rent arrears claim post Deed of Surrender?

Rent arrears claim post Deed of Surrender?

by Readers Question

Guest Author

0:52 AM, 24th May 2024, About a month ago 9

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Hi Everyone, My ex-tenants and I have signed a deed of surrender which reads:

“The Tenant hereby surrenders and releases to the landlord all their interests in the Property with vacant possession and the Landlord herby accepts the surrender.

The parties have signed and executed this document as a deed on the above date.”

I would be interested to find out whether I can make a claim for rental arrears from my ex-tenants, please?

Many thanks

Lost Cane


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Comments

Judith Wordsworth

10:26 AM, 24th May 2024, About a month ago

I would have added a proviso as you were aware of rent arrears.
Something like “and the Landlord herby accepts the surrender on the proviso that arrears owed to date OR of £xyz are paid within x days of the signing of this Deed”.
Did you get your signatures witnessed?

While a deed generally does not require an attesting witness, an individual executing a deed must sign it in the presence of a witness who then attests the signature. Failure to comply with the formalities for a deed will generally render it invalid as a deed.

Julesgflawyer

10:33 AM, 24th May 2024, About a month ago

It would have been preferable to include a sentence saying the surrender didn't affect any existing claims and liabilities etc, but that's probably implied in any case. Formalities are sometimes important but here parties most likely estopped from denying an intention to surrender, particularly if done in context of a new letting that the ex tenants knew about

Dylan Morris

11:46 AM, 24th May 2024, About a month ago

What was the discussion about the rent arrears you had with your tenants at the time of signing the surrender deed ?

Michael Booth

17:42 PM, 24th May 2024, About a month ago

Be grateful they have left I assume ,you havnt asked them to leave for no reason , if they refused it would of cost 1000s to remove them not including the rent they owed, l personally don't bother chasing them for rent they enevatably have no money or assets to claim against , this is a landlord of 25 years experience and in that time l have had 3 bad tenants.

C Lane

23:31 PM, 24th May 2024, About a month ago

Reply to the comment left by Judith Wordsworth at 24/05/2024 - 10:26
Yes, each party had a signed witness.

C Lane

23:33 PM, 24th May 2024, About a month ago

Reply to the comment left by Julesgflawyer at 24/05/2024 - 10:33
There was no new lettings until at least a few months later.

C Lane

23:34 PM, 24th May 2024, About a month ago

Reply to the comment left by Dylan Morris at 24/05/2024 - 11:46The ex-tenant was aware that once the Deed was signed that will terminate their tenancy. Rent arrears letters etc were sent to them.

C Lane

23:41 PM, 24th May 2024, About a month ago

Reply to the comment left by Michael Booth at 24/05/2024 - 17:42
They left without giving notice, hence, the deed of surrender to ensure not further complications with getting possesion.

I know how challenging it is to get vacant possession as I am going through the first stage of,Section 21 with my current tenants. .

I am sorry you are having to experience this as well, Some Tenants can do all sorts for whatever reason..

Dylan Morris

9:41 AM, 25th May 2024, About a month ago

Well if you didn’t agree to waive the arrears at the time the surrender deed was signed then yes you can claim for the arrears. It’s as simple as that. Take them to Court if you think it’s worth it.

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