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?
This document should be used where:
- The tenants wish to end the tenancy
- The landlord agrees to accept early termination
- Both parties want clarity and legal certainty
It should not be used where possession is being obtained through statutory notice or court proceedings
A Deed of Surrender creates certainty and protects both parties.
The Deed confirms that the tenant must give vacant possession on the agreed date. This reduces the risk of arguments about handover.
There is an optional cause for apportionment of rent and any other payments due under the tenancy due up to the point of surrender.
The Deed confirms that the tenancy deposit will be dealt with in accordance with the relevant tenancy deposit scheme provider .
A surrender must be executed as a Deed to be legally effective. This means that it must be signed and properly executed and witnessed by an independent adult to be legally binding.
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 does not exceed £50 as per 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.
Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.
Deed of Surrender (Joint Tenants) is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.