Points to consider during surrender of the tenancy

Posted under Advice by Alan

Surrender of the old tenancy can take place when the landlord and tenant enter into a new agreement during the validity period of an existing agreement. In other words, for surrender to be effective by operation of law (to be implied from the mutually agreeable conduct of the parties concerned to a tenancy agreement) their conduct should be unequivocal.

Removing signs of occupation from the rented premises, such as furniture, belongings, and any family members, pets, friends and similar such mutually agreeable acts of both parties well indicate that they both consider the tenancy to have been over.

Surrender may also operate when the tenant has decided to abandon the premises. The landlord may accept the surrender by tenant through a simple gesture of changing the locks and ultimately re-letting the premises.

Everything may look simple, yet care needs to be taken during the act of surrender. Importantly, the same must be unequivocal. It would be wrong on part of the landlord to assume that the tenant has abandoned the tenancy, unless all formalities are completed.