1 Surrender
4.43 The tenancy may be terminated by the surrender of the term before its expiry date, provided the landlord agrees. This has the effect of extinguishing the tenant’s interest, which merges with the landlord’s reversionary estate.
An executory agreement to surrender may be impugned as an attempt to contract out of the notice provisions in s 5 (above), but it is not thought this provision will affect an executed surrender. An express surrender must be made by deed,99 and the tenant must give up physical possession of the land. A surrender may also be implied by operation of law – for example where the parties agree the addition of extra land to the tenancy,100 or a new tenancy of the same land,101 or otherwise vary the terms of the tenancy in a manner that implies an intention to surrender and regrant. The doctrine of surrender and regrant has implications where the old tenancy was an agricultural holding within the 1986 Act, and the interaction of these rules with the saving provisions for ‘old’ farm tenancies, contained in section 4 of the 1995 Act, are considered further in Chapter 3.1024.44 Where the tenant has lawfully granted a sub-tenancy out of his interest, then surrender of the tenancy does not prejudice the rights of the subtenant.103 The sub-tenant becomes the immediate tenant of the freehold owner, whose reversion is deemed to be the immediate reversion on the lease for the purposes of preserving the same incidents and obligations as would have affected the sub-tenancy had the intermediate tenancy not been surrendered.104 The sub-tenant holds subject to the same terms and conditions, as the direct tenant of the landlord. Cf. as noted above, if the mesne tenancy is terminated instead by an upwards notice to quit given by the tenant, or by notice served by the landlord with the tenant’s agreement, then the sub-tenancy will fall. Where there are joint tenants, all must concur to effect a valid surrender105 Cf. an upward notice to quit by one out of joint tenants will be valid and effective.106
More on the topic 1 Surrender:
- Voluntary Surrender of Possession (unilaterally or through delivery; movable or immovable property)
- Involuntary Surrender of Possession
- 1 Qualifying for Protection
- Introduction
- TABLE OF INTERNATIONAL MATERIALS
- CASE 136: The Deceitful Pater
- CASE 216: Authorization
- REFERENCES
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