Q&As

Does agreeing to a surrender of a lease by operation of law on the basis of 'full waiver by the landlord of all claims against the company, whether past, present or future' prevent the landlord from submitting a proof of debt for rent arrears etc incurred prior to the surrender date?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 22 November 2024
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The effect of a surrender of lease is that the term is extinguished by absorption into the reversionary interest and thus ceases to exist. Ordinarily surrender is effected by deed, but there are a number of other methods by which a lease can be surrendered, including by operation of law. This can include by the grant of a new lease to the tenant by the landlord; by the tenant giving up possession to the landlord, with the landlord accepting possession, or by the giving up of possession and the granting of a

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom

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