How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

Two months back I have purchased a house with insitu tenants

Resolved Question:

Two months back I have purchased a house with insitu tenants with assured short hold tenancy agreement. I prefer to make a new short hold tenancy agreement with the same tenants with the same condition as me as the Land lord, and the tenants are happy with it. 1. Do I have to complete any other formalities other than having a new assured short hold tenancy agreement? I mean do I have to get a declaration of surrender of tenancy from the tenant along with the new tenancy agreement? Or anything else? 2. If declaration of surrender of tenancy or anything else is required, I need the draft copy of those. ( I have the copy of assured short hold tenancy agreement)

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know if the deposit is protected please?

I have not protected the deposit yet. The deposit has been transferred to me along with the purchase I am planning to protect it now

Alex Watts : It is a new landlord so technically the old agreement ends on the day you complete.
Alex Watts : Therefore notice should have been given and a new contract signed.
Alex Watts : If notice has not been given then give it now.
Alex Watts : The tenant can then sign a new contract with you.
Alex Watts : The old agreement is void because that landlord no longer exists and there is no contract.
Alex Watts : You just get the tenant to sign a new agreement, protect the deposit and you are good to go.
Alex Watts : Can I clarify anything for you about this today please?

If I make a new contract now is it necessary to give the notice, tenants are happy to sign the new contract with out notice. If the tenants gives a declaration of surrender of tenancy for the previous contract from the date of new contract will that be fine.

Alex Watts : Ok, in that case if they are happy do that.
Alex Watts : Just protect the deposit.
Alex Watts : Does that help?

Yes Thanks do you have any formats for declaration for Surrender of tenancy

Alex Watts : I don't. It if they do not object keep it simple.
Alex Watts : You can get templates off sites such as
Alex Watts : Can I clarify anything?

Declaration of Surrender of Tenancy


This Declaration of Surrender is dated


Landlord ……………………………. from 10 May 2010 to 19 December 2013 (Previous land lord )


………………. …………………. Since 19 December 2013 , ( current landlord)







Tenancy: Assured Shorthold Tenancy


A tenancy of the Property created by a tenancy agreement dated

10 May 2010 at was made between the Landlord and the Tenant.




The Tenant(s) hereby agrees to surrender and yield up the Tenancy, such surrender

being irrevocable and unconditional, to take place from and including the date of this



Tenants release and discharge Landlord from all liabilities arising under the

Tenancy or (other than this agreement) any other document or any variation of the

terms of the tenancy .






Signed by the Tenant(s): ………………….………………….





Witnessed by


Witness Signature:


Name: …………………………………………………


Address: ………………………………………………


I have taken the above from net is it fine

Alex Watts : Yes that is fine.

I am planning to have the new contract from 28 Feb 2014 is that fine or do I have to do it immediately

Alex Watts : That is fine because technically the tenant has no contract now.


Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Remus2004



    Satisfied Customers:

    Over 5 years in practice.
< Previous | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practise since 1985 with a wide general experience.

Related Property Law Questions