Friday, 25 May 2012

Surrender of tenancy - rent liability

Posted in: Discussion | Legal debate

10/10/2011 10:45 am

mrkfm

mrkfm

Posts: 29

Hi

Can anyone advise me please.  If someone agrees with their landlord to surrender their Assured Shorthold tenancy does the normal notice period stand or can the rent liability end on the date of surrender?

Thanks

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F451

F451

Location: Europe
Posts: 181

10/10/2011 11:09 am

Contracturally the liability remains, however the landord can waive the liability by effectively not pursuing the debt. Safest for the tenant to get all such agreements in writing so that should any later pursuit occur, or even the matter pop up in s future reference, then the tenant has the proof that they acted in an honourable manner. Such action would be seen favourably by a judge and act as a mitigation in any case arising from a debt so incurred.

In simple terms - agree it in writing and get the landlord to be clear about the new contract end date, and all fees and charges related to that, including the return of any deposit.

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TC

TC

Posts: 17

10/10/2011 11:15 am

I would say if, as you have stated the surrender is mutually agreed, the date of the surrender has also been agreed - this will take effect on the date you return the keys or other agreed date and that rent is only payable up to that date.

If in effect all you have done is to agree with your landlord that you want to move out early, and to end the tenancy early, then s/he would be entitled to the provisions of any notice period/lost rent included within the Assured Shorthold agreement.  The tenant's notice to quit requirements will be stipulated in the contract, otherwise the tenancy would end on the date given in your Section 21 notice.

Surrender normally means that you and the landlord agree to the termination of the agreement on an agreed date, bringing all terms and ocnditions to an end.

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mrkfm

mrkfm

Posts: 29

10/10/2011 11:28 am

Great - thanks for that.

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