Understanding the intricacies of tenant surrenders is crucial with our comprehensive resources. Offering practical insights and up-to-date guidance, this topic helps you effectively manage the nuances of lease terminations, ensuring compliance and mitigating potential disputes. Whether dealing with voluntary or involuntary surrenders, our expert content aids in achieving favorable outcomes for your clients.
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Surrender by operation of law (implied surrender)This Practice Note covers how a surrender by operation of law (implied surrender) may arise, the effect of the landlord accepting the keys, and circumstances that may cause a surrender.Main principlesA surrender by operation of law (or ‘implied
Accepting a surrender from an insolvent tenantAccepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra requirements before the landlord can forfeit (eg the need for a court order or administrator’s consent in
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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