Deed of Surrender (Joint Tenants)
A Deed of Surrender (Joint Tenants) is used when a landlord and all joint tenants agree to bring a residential tenancy to an end early, by mutual consent.
It formally records the early termination and ensures that the future obligations of both the landlord and the tenants under the tenancy come to an end.
This document is suitable for residential tenancies in England. If the property is in Wales, different rules apply for contract-holders under the Renting Homes (Wales) Act 2016: 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 a statutory notice or court proceedings.
A Deed of Surrender creates certainty and protects both parties. It confirms that the tenant must give vacant possession on the agreed date, reducing the risk of disputes about handover.
There is an optional clause for the apportionment of rent and any other payments due under the tenancy up to the point of surrender. The Deed also 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 it must be signed, properly executed and witnessed by an independent adult to be legally binding.
Joint Tenants or a Single Tenant?
This template is designed for use where there are joint tenants. Where only one tenant is named in the tenancy agreement, use the Deed of Surrender (Single Tenant) instead.
Tenant Fees Act 2019
If the tenant has requested the surrender of the tenancy, the landlord can charge a fee for this, but only if the amount does not exceed the loss the landlord suffers as a result of the early termination, under the Tenant Fees Act 2019. See Guidance Note: Tenant Fees Act 2019 (England).
What Happens If There Is a Guarantor?
Some tenancies, particularly student tenancies, involve guarantors. When a tenancy is surrendered, existing guarantors should be released. Landlords should use the Deed of Release of Guarantor.
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