Surrender

View Property Disputes by content type:

News

Practice notes

Precedents

Q&As

Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

9th Nov

Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

9th Nov

COVID-19

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

9th Nov

Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

COVID-19

In-house

Most recent Surrender content

Practice notes

Lease variations—surrender and re-grant issues

A surrender and re-grant by operation of law can occur if an agreed variation of the terms of a lease is so fundamental that the law regards it as...

30th Apr

Precedents

Vacant possession strategy—schedule

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

27th Apr

Practice notes

Vacant possession strategy for redevelopment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Jill Carey of Freeths 27th Apr

Practice notes

Lease surrenders

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...

8th Apr

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

8th Apr

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

8th Apr

Practice notes

Accepting a surrender from an insolvent tenant

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...

8th Apr

Practice notes

LTA 1954—surrender of business tenancies

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...

8th Apr

Precedents

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

2nd Mar

Precedents

Statutory declaration in support of an application to HM Land Registry to remove reference to a lease surrendered by operation of law

I [insert name] of [address], do solemnly and sincerely declare as follows:1[I have been employed by [name of owner] (‘the Owner’) of...

12th Feb

Q&As

A guarantor guaranteed the obligations of the original tenant in an ‘old’ lease. The lease was later assigned and no guarantor was provided on assignment. If the parties wish to surrender the lease, does the guarantor need to be party to the surrender?

We cannot locate any authority providing that a current (or previous) guarantor needs to be a party to a surrender for the surrender to...

22nd Jan

Q&As

My client has acquired title to a lease of a property. He already owns the freehold and wants the lease to merge. What should I do?

Where a leasehold estate and reversionary estate, come into the same ownership, the lease merges into the reversionary estate and so terminates. There...

22nd Jan

Q&As

The superior lease is being surrendered by a deed of surrender between the freeholder and the superior landlord. Contemporaneously, the sub-lease is being surrendered by operation of law by a party taking an assignment of the sub-lease and the same party simultaneously being granted a new sub-lease by the superior landlord. Will the assignment of an unregistered sub-lease and grant of a new sub-lease act as surrender by operation of law? How should a new sub-tenant and a sub-tenant’s mortgagee seek protection of their interests at HM Land Registry? What HM Land Registry searches should be undertaken? If the freehold is subject to a charge will mortgagee consent be required for (i) the surrender and re-grant of the superior lease; and (ii) the grant of the new sub-lease?

A lease may be surrendered in one of two ways: expressly or by operation of law. As for express surrender, as a disposal of interest in land, s...

22nd Jan

Q&As

Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise), should this be documented as a surrender and regrant or can a simple lease variation be completed?

In some ways, the answer to the question posed depends upon whether:•the extension of the term of the lease is to take immediate effect between the...

Produced in partnership with Chris Snell of No 5 Chambers 22nd Jan

Q&As

Will a surrender by operation of law release an original tenant from existing liability? Would this apply even if the repairing and yield up covenants in the existing lease are specified as applying 'at the expiration or sooner determination of the term'?

Hill and Redman's Law of Landlord and Tenant (Effect of surrender: Hill and Redman's Law of Landlord and Tenant [4359]) at paragraph [4359] states...

22nd Jan

Q&As

Where an entity is registered proprietor of both a registered freehold and a registered lease, and the titles were not merged on acquisition (as there was no intention to merge at that stage)—can the entity decide to merge later and simply apply to HMLR on Form AP1 to close the leasehold title? If so, is it the case that the merger only takes effect at law and in equity on closure of the title, but then retrospectively takes effect from the date of the application to HMLR?—alternatively, can the entity enter into a deed of surrender in its capacities as both L and T (ending the lease in law and equity on completion) and then apply to HMLR to close the leasehold title?

A merger can occur where the same person in the same capacity holds both the lease and the reversion to it. If one interest is held, for example, as...

22nd Jan

Q&As

Would varying a mutual break clause in a lease by extending the break date equate to extending the term and, consequently, result in a surrender and re-grant?

A lease is a contact made between the landlord and the tenant, and, as with any contract, its terms can be varied by agreement. Such variations should...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Would the payment of an increased rent affect the continuation of a tenancy under section 24 of the Landlord and Tenant Act 1954?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to any lease where the demised premises are occupied by the tenant for the purposes of...

22nd Jan

Q&As

A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The residential tenant remains in occupation. The business tenant offers to surrender the lease which is refused. The landlord proceeds against the business tenant’s guarantor under an authorised guarantee agreement. Terms have been agreed as to arrears with the guarantor. The landlord has secured new tenants for the business part and wants to let the business premises by way of a new lease and the residential part by way of an assure shorthold tenancies directly with the residential tenant. Can the landlord now accept the previous offer to surrender the premises having refused it, or can the business tenant be deemed to have abandoned and surrendered the premises by law?

A tenancy can be terminated by surrender, whereby the tenant agrees with the landlord that his interest under the lease will be terminated by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

A tenant has served a break notice with the break date later this year. The break is subject to pre-conditions. The parties have now agreed to enter into a new short term letting after the break date of the same premises. If the parties enter into the new short term reversionary lease (ie with a commencement date after the break date) would it act as a surrender and regrant as at present there is no certainty that the current lease will end? Will this be any different if the pre-conditions are waived? If the above does not work, is there an alternative way to structure the deal?

A surrender by operation of law will arise where a landlord grants a new lease of premises to their existing tenant. This is discussed in detail in...

22nd Jan