Deed of Surrender (Single Tenant)

A Deed of Surrender (Single Tenant) is used where a landlord and a sole tenant agree to bring a residential tenancy to an end by mutual consent, rather than through statutory notice or court proceedings.

This document is suitable for residential properties 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 tenant wishes 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. It confirms that the tenant must give vacant possession on the agreed date, reducing the risk of arguments about handover.

There is an optional clause for 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 and properly executed, and witnessed by an independent adult, to be legally binding.

This template is designed for use where only one tenant is party to the tenancy agreement. If there is more than one tenant named in the tenancy, you must use Deed of Surrender (Joint Tenants).

Tenant Fees Act 2019

If the tenant has requested the surrender of the tenancy, a 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. 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.

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