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No this has not been done! I felt something like this might be needed but no idea. So the situation is she will surrender the old lease completely, however, my mother has allowed her to stay in the property on condition of signing the AST. My aunty is not showing any opposition to any of this, so will be happy to sign what is required.
Just to add, I did use a solicitor to execute this, and the grounds in her letter for terminating the old lease was the following:
As a result of the above breach my client wishes to terminate the lease under section 146 of the Law of Property Act 1925. This section provides that if a tenant breaches a condition of the lease, for example by failing to pay rent, then the Landlord can end the lease requesting the tenant to forfeit the lease. Accordingly, we notify you that from receipt of this letter the lease dated 20th April 2015 Is hereby terminated.
The letter further points out to my aunty she can stay on condition she agrees to the new AST...
Ok thank you. So briefly if you are able to produce the Deed of Surrender would you fill in as much of the application form as you can or will this be relatively easy for us to do. Also are the instructions for registration relatively easy for me to follow? In terms of submission of a Deed of Surrender, even though I am assisting here, this would normally be something my Aunty would be required to do or instruct a solicitor to do as opposed to my mother initiating it?
One last bit I have already produced the AST which my aunty and my mother signed on Thursday. Is it reasonable to have the deed of surrender signed shortly after (in this case perhaps 1 week) and likewise submitted to the land registry afterwards.
My gut feeling felt that was the case, but I understood from the solicitor who drew up the letter that it was assumed the old lease was surrendered due to the breach in the contract and on my aunty agreeing to the new lease. This makes sense. Hence, why I came for the second opinion!
So how do we go about doing this. Do we do it via this website or contact you directly?
OK good I will drop you an email now.