Surrendering a Tenancy Agreement by Mutual Consent

End a tenancy agreement early using implied or express surrender of tenancy

There are two main ways to end a tenancy. The landlord or the tenant can serve notice, ending the tenancy according to the rules laid out in the contract. Alternatively, both the landlord and the tenant can agree to end the tenancy by mutual agreement.

In the first situation, the rules of the contract must be followed closely because only one party wants to end the tenancy, and the rules of the tenancy agreement are there to ensure this happens fairly and smoothly.

In the second, because both parties are happy to proceed according to new, agreed terms, the tenancy-ending mechanisms in the contract (e.g. how much notice to give) don’t have to be followed. This is called a surrender of tenancy.

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