Surrender

Surrender is where the landlord and tenant both agree to terminate the lease through their words or conduct.

Where there is an express surrender, both parties need only to complete a deed of surrender. Such a deed can even be used where there is an oral lease.

Complications can occur where surrender arises through the conduct of the parties. A common scenario is where a tenant vacates the leased property and the landlord re-takes possession. It is usually the conduct of the landlord which can cause difficulties. The landlord may not want the lease to be surrendered but may cause himself problems where for example, the tenant vacates the premises and returns the keys to the landlord and the landlord accepts them.

Where a lease is surrendered, there will be no future liabilities and obligations pursuant to the lease.

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