Q&As

A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 08/09/2017

The following Property Q&A Produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?
  • Express surrender
  • Implied surrender
  • Tenant remaining in occupation

This Q&A is based on the scenario where a landlord accepts a surrender of a lease from its tenant but continues to accept rent until the property is let. However, it is not possible to provide a full answer without a) knowing the full circumstances of the surrender and b) seeing any surrender documents that may exist. For further information on surrendering a lease, see: Lease surrenders—overview.

A lease can be surrendered expressly, see Precedent: Deed of surrender. A lease can also be surrendered by operation of law if the conduct of the parties is inconsistent with the continuation of the lease. When an attempted express surrender fails, there will be an implied surrender if the parties have acted upon the terms of the deed. This Q&A looks at both the potential express and implied surrenders of the lease.

Express surrender

The surrender document will document the

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