No surrender

Hopkins, Phillip

No surrender - 2005 - Letting Update Journal 13(2) July 2005, 25-26(2) .

Examines some of the rules governing the surrender of residential tenancies and some recent case law on the subject. Following the Housing Act 1988 tenancies may only be finally terminated by either surrender or other action on the part of the tenant such as notice to quit or by court order. Surrender of a tenancy requires the mutual agreement of the landlord and tenant that the tenant is to yield up possession of the property to the landlord. Explains the differences between express surrender and surrender by operation of law and considers the ancient rule of surrender and regrant and the concept of abandonment in relation to surrender. Summarises three case examples on surrender.


BELLCOURT ESTATES LTD V ADESINA
LAINE AND MITCHELL V CADWALLADER
HOUSING ACT 1988