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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15804
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I want to surrender tenancy which has 4 month left until End

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Hi, I want to surrender tenancy which has 4 month left until End of fixed period. My landlord agreed early termination but asked for 3 months of rent to be paid. I want to understand if there is no legal issue with such arrangement and what kind of documentation I should prepare/get signed by landlord
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I sent email to landlord, requesting him to consider my request and detail out the terms of this early termination
JA: Where is the property located?
Customer: in south west london
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Its a 24 month AST, with a break clause at end of 12th month (Sept 2021)
Customer: replied 13 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 13 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi,

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

If your tenancy is for a fixed term, it can only be terminated early with the consent of the landlord. I would suggest that you obtain a Deed of Surrender from the Landlord confirming hat your liability has come to an end and that the tenancy has been surrendered in full with no further liabilities on your part.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

many thanks,

Hi

Customer: replied 13 days ago.
Thank you for the answer. is "Deed of Surrender" a legally binding document? I have a tenancy agreement with the landlord [ it is for 2-year fixed term, with 1-year break clause(ending 25th Sept 2021) with 2 month notice], will this tenancy agreement come to end with creation of "Deed of surrender"? .. and If I don;t get landlord agree to sign "Deed of surrender" then could I be in legal trouble ?(like landlord taking money (3 month rent ad he demanded), but still asking rent until end of original tenancy period ?

Hi,

Yes, a Deed of Surrender is a legally binding document.

From the information you have provided, you can serve notice after 12 months by giving 2 months Notice. If the landlord does not sign a deed of surrender, this would be the steps you would need to take.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

many thanks,

Customer: replied 13 days ago.
Hi, I want to clarify on second part of the question, if I pay the money to landlord (3 month rent as he agreed) for early termination of AST agreement, without getting him signing the "Deeds of surrender" then can he still legally ask me to pay rent for the remaining period of tenancy ? In other words, is it dangerous to pay such money to landlord without getting "Deeds of surrender" signed ?.

Hi,

Yes it is. I would suggest you have him sign the Deed of Surrender.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

many thanks,

Customer: replied 13 days ago.
Thanks. Who can help to create "Deed of Surrender"? Do I need professional help from Solicitor? Can you provide any reference?

You should be able to download one from: www.rocteklawyer.co.uk

Customer: replied 13 days ago.
did you mean this ? https://www.rocketlawyer.com/gb/en
Do you have a specific link to the document (Deed of surrender)?

Hi,

Yes.  It should be available on the site.  I do not have a direct link to the document.

It is something hat I would normally draft from scratch.

Customer: replied 13 days ago.
How much do you charge for drafting such a document?

Hi,

I would normally charge a fixed fee of £500.00 plus VAT.

Customer: replied 13 days ago.
1. I have an email from the landlord detailing such arrangement (payment=rent * 3) for early termination of AST
2. I will be doing money transfer to the landlord's bank account
Is that good enough to ensure that I will not have any trouble with termination?

Hi,

I would suggest you obtain a receipt from him confirming it is the final rent payment and no further rent is due.

Customer: replied 13 days ago.
just to understand, receipt in email?

Yes, that would be sufficient.

Customer: replied 13 days ago.
btw, I received an email like this (I removed actual detail for privacy)
===
Hi xxx,Thank you for your email.As I mentioned over the phone I have had to pay a significant amount of fees to (agent) since the beginning of the contract and for that reason I would need 3 months rent (£xx00x3= £xx00) to surrender the following agreement.Once this has been paid in full I would agree to surrender the agreement and arrange with yourself the move out date and key collection.Within 2 weeks of the key collection the property will be inspected and your original deposit of £xxxx will be returned to yourself.Kind Regards,yyyyBank Details: xxx, Account Number: xxxx
Sort Code: xx-xx-xx
===
1) Is this good as proof for the arrangement for legal purpose ?
2) I guess you mentioned I should ask him to confirm that this will be last set of payments under this tenancy contract, isn't it ?
3) And as proof of receipt of payment, I should ask him to confirm that he received payment for the purpose of surrender
does that sound ok to you ?

this appears to be fine.

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