Following on from our article Surrender by Deed, is a tenant who simply returns keys to the property a surrender?
The answer of course is it depends …. Here are 5 points to watch out for from our friends at PainSmith Solicitors:
1/ Just because a tenant wants to surrender doesn’t mean the landlord has to accept it. But the landlord must be careful not to imply acceptance by what they do next. To be on the safe side, do not access the property unless you are accepting surrender.
2/ If the keys are simply to allow you to show, repair or inspect the property, make this clear in writing before doing anything.
3/ If the landlord grants a new tenancy to someone else or varies the existing lease, this could create a surrender.
4/ The service of an invalid notice may be construed as accepted surrender if both parties acted as if it was valid.
5/ Surrender by operation of law does not require a deed or written document to be effective.
This area of law is obviously complex and legal advice specific to your situation should be taken. Speak to a member of our Letting Team for open and honest advice, freely given.