Fresource Friday: Surrender of tenancy form

21.07.2017

Do you need a form to record an agreement with your tenant that the tenancy has ended? If so download this free form.

There are generally four ways in which residential tenancies end:

  • Termination by landlord
  • Termination by tenant giving notice
  • Tenant vacating on the last day of a fixed term tenancy, and
  • Surrender.
Image of chain about to be broken

'Surrender' is the legal term for an agreement between the landlord and tenant that the tenancy will end.

A surrender can occur during both a periodic and fixed term tenancy. The basic idea is that landlords and tenants are free to end the tenancy if they both want to.

A surrender often happens where a tenant wants the tenancy to end and the landlord consents to regaining possession of the dwelling immediately, rather than insisting on the tenant serving notice (or holding a fixed term tenant to the end of the term).

Ending a tenancy by mutual agreement is best done in writing if possible. For the landlord a written agreement should prevent a dispute arising subsequently about whether there was an effective agreement to end the tenancy.

You can download the form here.

If it's a joint tenancy both tenants will need to sign the form.

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