Deed of surrender - signatures

k66

I have a deed of surrender prepared to give to my tenant who is ending his AST early, he is due to move out on Sunday.

Would it be advisable for me to give my tenant a copy of the surrender deed for him to read prior to the moving out day and is it usual for both parties to have the deed signed and witnessed prior to the exchange meeting.

Should the date on the deed be the actual date of moving out/exchange of copy of the deed or the date of the first signature?

Am I correct in thinking that each copy of the deed has just one witnessed signature. I will have T's and he will have mine.

Thanks in advance.

G_M

All signitures on a Deed must be witnessed - at the time of signing.

It is always advisable to give parties involved advance sight of any document so they can read, understand and check it without pressure.

Provided the dates clearly distinguish between date of signature and date of surrender of the tenancy (if different) you will be fine.

k66

Am I correct in thinking that each copy of the deed has just one witnessed signature. I will have T's and he will have mine.

Also can the signed section be on the back of the deed?

jjlandlord

I don't think that you can witness T's signature as you are the other party.

Also, the date of execution is the date the tenancy ends, so you want that date to be on the day you go there to get the keys and check that they have moved out, and you do not want to execute the deed until T has complied with all his obligations (inc. moving out of course)

Based on that, I do not think that the date of signing can be before the date of surrender: Once the deed is executed you cannot go back!

See for example: http://www.consumeractiongroup.co.uk/forum/showthread.php?116775-Deed-of-Surrender

G_M

jjlandlord wrote: »

I don't think that you can witness T's signature as you are the other party.

Also, the date of execution is the date the tenancy ends, so you want that date to be on the day you go there to get the keys and check that they have moved out, and you do not want to execute the deed until T has complied with all his obligations (inc. moving out of course)

Based on that, I do not think that the date of signing can be before the date of surrender: Once the deed is executed you cannot go back!

See for example: http://www.consumeractiongroup.co.uk/forum/showthread.php?116775-Deed-of-Surrender

Good point. I modify my previous advice and suggest:

* Supply a copy of the document in advance for information only
* Take 2 copies on the date of surrender
* For the avoidance of doubt, each party signs each copy so the 2 are identical - one kept by each
* date with the date of Execution which is same as date of surrender
* witness signs both copies

Where documents run to more than 2 pages it can be advisable for each party to initial each page to ensure substitution of pages cannot take place.

I'd end by saying I've never done this. Whenever I've accepted early surrender I've used a simple letter to confirm the surrender, but this relies on an element of trust between the parties. A Deed is the stictly legal way to go.

N79

G_M wrote: »

I'd end by saying I've never done this. Whenever I've accepted early surrender I've used a simple letter to confirm the surrender, but this relies on an element of trust between the parties. A Deed is the stictly legal way to go.

Your letter method is also a "strictly legal way" but it is surrender by operation of the law rather than by deed. It is, of course, arguably more open to a court reinterpreting the outcome but with a notice from the T and an acceptance letter from the LL followed up by handing over of keys etc then I think one is as 100% safe as possible.

The deed is more important where other actions make surrender by operation of the law less clear cut.