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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 39632
Experience:  Over 5 years in practice
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Surrender notice needed to sign new tenancy agreement?

Customer Question

surrender notice needed to sign new tenancy agreement?
Submitted: 16 days ago.
Category: Law
Expert:  INC Law replied 16 days ago.

Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

What would you like to know about this?

Customer: replied 16 days ago.
Hi. I need advice according to UK law please. I have been a tenant for more than 10 years. During pandemic I moved temporarily away from the property and told my brother he could stay there so house wouldn't be empty. I did not warn landlord as I thought it wouldn't be a problem. Landlord texted me he would come to check property and told him sure no problem. He found brother there and did not like it. Told agency that I had breached contract and to leave property. I negotiated with agency and was told I could stay that all was ok it my brother is added to the tenancy agreement. I waited many months to receive the new agreement but they kept telling me just wait...in the meantime my tenancy agreement expired so started a periodic tenancy agreement. I insisted in getting the new contract and back in December was told landlord wanted to raise amount. I asked to please wait until end of lockdown June and negotiated an increase to be paid from July 2021. Agency told me landlord accepted and was sent a surrender notice and a new agreement including my brother. I asked why to sign a surrender notice as I did not want to give up any of my rights. Agent said this is regular practice here. I called CAB and was advised not to sign surrender notice. So I did not and waited a response. No answer. I called last month and this time was told landlord had changed his mind and was going to serve me section 21 notice because I did not want to sign surrender notice. I was so upset and replied that I have showed good faith since the whole problem started, and was suspecting they were not transparent. That we had an agreement (I was careful to keep all my emails that show negotiation process and acceptance of new terms) and suggested a mediator. Agent said you may do so. 3 days later I received new contract again with a surrender notice. I might be too suspicious and the surrender notice is regular practice in these cases? I just emailed them and said that there is not need of surrender notice that just signing the new agreement is enough and an implied surrender notice will occur (surrender by operation of law)https://england.shelter.org.uk/.../surrender_of_a_tenancy....
What do you think? The surrender notice says" subject to contract" and that deposit will be transferred...so I guess it is all ok? Thanks so much!