Deed of Surrender (Joint Tenants)
This Deed of Surrender (Joint Tenants) should be used where a landlord and all joint tenants have agreed to bring a tenancy agreement to an end.
It formally records the early termination of the tenancy and ensures that the future obligations of both the landlord and tenants come to an end.
This document is suitable for residential tenancies in England. If your property is in Wales, different rules apply for contract-holders under the Renting Homes (Wales) Act 2016. Please see: Renting Homes Wales.
When Should A Deed Of Surrender Be Used?
The template is appropriate when both the landlord and joint tenants agree to end the tenancy. The Deed formally records the termination and ensures both parties' ongoing contractual obligations come to an end. Using a properly drafted Deed provides legal certainty and reduces the risk of disputes.
In some circumstances, a landlord may have agreed to pay a premium for the surrender and there is optional wording to provide for this.
This template is designed for use where there are joint tenants. Where there is only one tenant named in the tenancy agreement, you must use Deed of Surrender (Single Tenant).
Tenant Fees Act 2019
If the tenant has requested the surrender of the tenancy, a landlord can charge a fee for this, provided it complies with the limits set out in the Tenant Fees Act 2019. Please see: Guidance Note: Tenant Fees Act 2019 (England).
What Happens If there Is a Guarantor?
Some tenancies, particularly student tenancies, often involve guarantors. When a tenancy is surrendered existing guarantors should be released. Landlords should use the Deed of Release of Guarantor.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Deed of Surrender (Joint Tenants) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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