Deeds of Assignment, Deeds of Surrender and Guarantor Release documents for Residential Landlords in England

During the course of a residential tenancy, circumstances often change. A tenant may:

Wish to leave the tenancy or request an early surrender
Transfer their interest to a replacement tenant or occupier
Request a guarantor to be formally released

In these situations, landlords must ensure any changes are properly documented using a legally binding Deed. Failure to formalise tenancy changes can lead to:

Ongoing liability disputes
Uncertainty over rent responsibility
Difficulty recovering rent or possession

Our professionally drafted templates help landlords manage these changes clearly, lawfully, and with reduced risk.

Why Formal Documentation Is Essential

Residential tenancies in England are governed by strict legal rules. Informal agreements, emails, or verbal arrangements are often insufficient so using a properly drafted deed ensures clear transfer or discharge of liability and legal certainty.

What Templates Are Available

Landlords can choose from the following professionally drafted Deeds to deal with tenancy variations in a compliant and structured way.

Deed of Assignment

A Deed of Assignment is used where an existing tenant transfers their interest in the tenancy to another person. This commonly arises where a replacement tenant takes over a tenancy, or one joint tenant leaves and another joins.

Deed of Surrender

A Deed of Surrender can be used to end the tenancy early by mutual agreement between the landlord and single or joint tenants. Without a properly executed deed, there may be uncertainty over whether the tenancy has legally ended, potentially exposing the landlord to risk.

Please note if the landlord is seeking to terminate the tenancy on the basis of a breach of tenancy (e.g. non payment of rent, rent arrears, late payment of rent, anti social behaviour etc) this template will not be suitable and you should Download Possession Procedure Documents and Templates.

Deed of Release of Guarantor

A Deed of Release of Guarantor formally discharges a guarantor from their obligations under a tenancy agreement. This is particularly relevant where a tenant is replaced or a tenancy is assigned and the guarantor's liability needs to end. Formal release protects both landlord and guarantor from ongoing liability disputes and future claims.

These documents are suitable for private residential landlords in England. For landlords in Wales, please refer to Termination Notices & Forms in Wales.

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Deeds of Assignment, Deeds of Surrender and Guarantor Release documents for Residential Landlords in England is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.

Frequently Asked Questions

One of my joint tenants wants to leave and be replaced, how do I document that? +

Use a deed of assignment. It transfers the departing tenant's interest to the replacement or remaining tenants, so liability passes cleanly. Without a deed you can be left unsure who is responsible for the rent. Check the tenancy allows assignment or that you consent, reference any incoming tenant and update the guarantor position at the same time.

My tenant wants to leave early and I agree, how do I end the tenancy cleanly? +

Use a deed of surrender. Where both sides agree to end the tenancy early, a deed records that the tenancy is over and neither side has further obligations from that date. This avoids any argument later about whether the tenancy really ended. A surrender by agreement does not need a court order, unlike possession on a section 8 ground.

Can I use a deed of surrender if the tenant is in arrears or has breached the tenancy? +

It is not the right tool for that. A surrender depends on genuine agreement between both sides. Where you want possession because of rent arrears, antisocial behaviour or another breach, you need to serve a section 8 notice and, if the tenant does not leave, get a court order. Use the possession templates for that, not a surrender.

How do I release a guarantor when the tenant changes? +

Use a deed of release. A guarantor stays liable under the guarantee until they are formally discharged, so if a tenant is replaced or the tenancy is assigned, the outgoing guarantor should be released by deed and any new guarantor put in place. A clear release protects the guarantor from ongoing claims and avoids arguments about who stands behind the rent.

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