Q&As

Can a Rent Act Tenancy be surrendered without a court order and could the payment of a premium equivalent to one year rent be caught by section 119 of the Rent Act 1977 which provides that payment of a premium in certain circumstances is a criminal offence?

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Published on LexisPSL on 24/11/2020

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  • Can a Rent Act Tenancy be surrendered without a court order and could the payment of a premium equivalent to one year rent be caught by section 119 of the Rent Act 1977 which provides that payment of a premium in certain circumstances is a criminal offence?

Can a Rent Act Tenancy be surrendered without a court order and could the payment of a premium equivalent to one year rent be caught by section 119 of the Rent Act 1977 which provides that payment of a premium in certain circumstances is a criminal offence?

It is extremely difficult to obtain an order for possession of a regulated tenancy so a landlord may wish to consider negotiating a surrender at an early stage—this will give certainty that possession can be regained. This question discusses the situation where a surrender has been agreed in return for payment of a premium to the tenant. See Practice Note: Vacant possession strategy for redevelopment.

The tenant can enter into a contract to surrender, but it cannot be enforced against them. This is on the basis that the security of tenure conferred by the Rent Acts is lost only by a possession order made by a court, by the tenant giving up possession, by their ceasing to reside, or by the tenancy ceasing to fall within the Rent Act criteria. That means that a contract of surrender to give vacant possession by a

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