Deed of surrender
A surrender of tenancy is when landlord and tenant mutually agree to end a tenancy before it would normally finish. The safest way to record this is with a deed of surrender, which is a short, formal document signed and dated by both parties. It confirms that the tenancy ends on a specified date and that the tenant gives up possession of the property.
From a landlord’s perspective, a deed of surrender avoids the time and cost of serving notice and seeking a possession order, which is increasingly important under the Renters’ Rights Act where “no-fault” eviction routes are restricted. It should clearly cover:
the surrender date
that the tenant will give vacant possession
how rent is apportioned up to that date, and
what will happen to the deposit and any agreed deductions.
A surrender must be genuinely voluntary. Pressure, threats or misleading information can amount to harassment or unlawful eviction, even if a deed has been signed. You should always allow the tenant time to read the document, suggest they take advice, and provide copies for all joint tenants. Properly used, deeds of surrender give a clean, consensual end to the tenancy that both sides can rely on.
