Understanding the surrender of tenancy by operation of law

Posted under Advice by Jermaine

If a tenant has apparently chosen to ‘surrender’ or give up the tenancy, the landlord on his part is entitled to possession under the Housing Act. Likewise, if a tenant holding under a periodic tenancy has opted to serve on the landlord a valid notice to quit, this may act to bring the tenancy to a close at the expiry of the notice served.

However, if the act of surrender happens to be less obvious or equivocal, care needs to be taken before the landlord re-lets or takes back the property. If a landlord takes possession and then it emerges that the tenant still happens to occupy the property, the former faces the prospect of proceedings for unlawful eviction.

Surrender can rather take place expressly (by way of a written document or ‘declaration of surrender’ that is willingly signed by the tenant), or by operation of the law in question.

The crux of ‘surrender by operation of law’ lies in the consensual giving up of possession of the premises by the tenant to the landlord. For example, when the tenant returns the keys to the landlord – declaring his intention to give up possession that the landlord accepts on his part, with the intention of accepting possession, it can be called surrender by operation of law.