What is a Deed of Surrender and when should you use one?

What is a Deed of Surrender for a Tenancy?

A Deed of Surrender for a tenancy is a document which officially ends the tenancy agreement between a landlord and tenant. The Deed of Surrender should be signed by both parties, and once it has been signed, the tenant will no longer have any legal rights to occupy the property.

The Deed of Surrender can either be agreed upon verbally between the landlord and tenant, or it can be written down and signed by both parties. If the Deed of Surrender is verbal, it is advisable for both parties to make a note of what was agreed so that there is no confusion at a later date.

Download a Professionally Drafted Deed of Surrender here

Once the Deed of Surrender has been signed, the tenant will need to vacate the property within a reasonable time frame. The Deed of Surrender will state when the tenant needs to vacate the property by, and it is important that they adhere to this date.

If the tenant does not vacate the property by the date specified in the Deed of Surrender, then they will be classed as a trespasser and the landlord will be able to legally remove them from the property.

It is important to note that signing a Deed of Surrender does not release the tenant from any financial obligations they may have under the tenancy agreement. For example, if the tenant has caused damage to the property or has failed to pay rent, then they will still be liable for these charges even after signing a Deed of Surrender.

Signing a Deed of Surrender is a serious matter and should not be done lightly. Once the Deed of Surrender has been signed, the tenant will no longer have any legal rights to occupy the property, so it is important that they are absolutely certain that they want to vacate the property before signing anything.

When should a tenant use a deed of Surrender?

A Deed of Surrender should be used when a tenant wants to end their tenancy agreement early and vacate the property. It can be used as an alternative to serving notice, and it is often quicker and easier than going through the formal notice process.

A Deed of Surrender can also be used if the tenant is behind on rent or has caused damage to the property. In these cases, the landlord may insist that the tenant signs a Deed of Surrender as part of any settlement agreement.

It is important to note that signing a Deed of Surrender does not release the tenant from any financial obligations they may have under the tenancy agreement. For example, if the tenant has caused damage to the property or has failed to pay rent, then they will still be liable for these charges even after signing a Deed of Surrender.

Download a Professionally Drafted Deed of Surrender here

Signing a Deed of Surrender is a serious matter and should not be done lightly. Once the Deed of Surrender has been signed, the tenant will no longer have any legal rights to occupy the property, so it is important that they are absolutely certain that they want to vacate the property before signing anything.

When should a landlord use a deed of surrender?

A Deed of Surrender should be used when a landlord wants to end a tenancy agreement early and regain possession of their property. It can be used as an alternative to serving notice, and it is often quicker and easier than going through the formal notice process.

A Deed of Surrender can also be used if the tenant is behind on rent or has caused damage to the property. In these cases, the landlord may insist that the tenant signs a Deed of Surrender as part of any settlement agreement.

Signing a Deed of Surrender is a serious matter and should not be done lightly. Once the Deed of Surrender has been signed, the tenant will no longer have any legal rights to occupy the property, so it is important that the landlord is absolutely certain that they want the tenant to vacate the property before signing anything.

Download a Professionally Drafted Deed of Surrender here

How to draft a deed of surrender?

When drafting a Deed of Surrender, it is important to include the following information:

- The date on which the Deed of Surrender is being signed

- The names of the landlord and tenant

- The address of the property

- The date on which the tenancy agreement will end

- The reason for surrendering the tenancy agreement (optional)

- Confirmation that all keys for the property have been returned to the landlord

It is also important to ensure that the Deed of Surrender is signed by both the landlord and tenant. If either party refuses to sign the Deed of Surrender, then it will be invalid and will not be legally binding.

Once both parties have signed the Deed of Surrender, it is advisable to have it witnessed by a third party. This will ensure that there is evidence that the Deed of Surrender was properly executed and will help to avoid any disputes later on.

What are the consequences of signing a deed of surrender?

Signing a Deed of Surrender has a number of consequences, both for the tenant and the landlord.

For the tenant, signing a Deed of Surrender means that they will no longer have any legal rights to occupy the property. This means that they will need to vacate the property on or before the date specified in the Deed of Surrender, and they will not be entitled to any refunds for rent or deposits paid in advance.

Additionally, signing a Deed of Surrender does not release the tenant from any financial obligations they may have under the tenancy agreement. For example, if the tenant has caused damage to the property or has failed to pay rent, then they will still be liable for these charges even after signing a Deed of Surrender.

Download a Professionally Drafted Deed of Surrender here

For the landlord, signing a Deed of Surrender means that they are agreeing to end the tenancy agreement early. This means that they may not be able to claim any rent that is owed for the remainder of the tenancy agreement, and they may also forfeit any deposit paid by the tenant.