Surrender

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Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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30th Oct
Practice notes
The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...
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29th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...
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9th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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2nd Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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30th Sep
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...
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25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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25th Sep
Practice notes
Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...
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25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
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25th Sep

Most recent Surrender content

Practice notes
Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra...
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25th Sep
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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25th Sep
Practice notes
When LTA 1954 applies on surrender—agreements to surrenderUnder section 24 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is not...
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25th Sep
Precedents
I [insert name] of [address], do solemnly and sincerely declare as follows:1[I have been employed by [name of owner] (‘the Owner’) of...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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Produced in partnership with Jill Carey of Freeths 26th Sep
Precedents
Date [insert date of surrender]Parties1[insert name of Landlord] of [insert address] [incorporated in England and Wales with company registration...
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26th Sep
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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26th Sep
Q&As
There is nothing to prevent the parties agreeing a surrender of a residential tenancy. A surrender is a voluntary act of the parties whereby, with the...
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28th Sep
Q&As
There will be an automatic determination of a subtenancy at common law on the termination of a head tenancy pursuant to a notice to quit or a break...
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28th Sep
Q&As
Where a tenant pays the landlord to take back a lease, the payment is an exempt supply (subject to the option to tax—Value Added Tax Act 1994,...
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28th Sep
Q&As
This exact point does not appear to have been decided, but the answer seems obviouse that the covenants should cease to be enforceable. This is...
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Produced in partnership with Nic Taggart of Landmark Chambers 28th Sep
Q&As
Surrender by operation of lawFor a surrender by operation of law to take place, there must be unequivocal conduct by both parties to the lease which...
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28th Sep

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