This document is designed for use where a tenant surrenders his lease to his immediate landlord with his landlord’s consent and in consideration of a sum of money paid to the landlord by the tenant.
Our comments on the specific clauses of the agreement are set out below.
DATE AND PARTIES
Please refer to the additional notes on signing agreements and contracts at the end of these Explanatory Notes.
1. DEFINITIONS AND INTERPRETATION
These need to be completed with details of the Lease and Premises to be surrendered.
This Clause recites that, in consideration of a sum of money paid to the Landlord, the Tenant surrenders and assigns the premises contained in the Lease to the Landlord. In the case of registered leases the word ‘transfers’ shown in square brackets should also be inserted.
It also recites that the assignment is made with full title guarantee, which means that:
(a) the Lease is still in place at the time of the surrender and assignment (and so has not been surrendered, forfeited or brought to an end in any other way);
(b) the terms of the Lease are not currently being breached and there is nothing that would at the time of the assignment make the lease liable to forfeiture and
(c) the property is free from third party rights.
A surrender will release the tenant from any future liability under the lease but not in respect of past breaches. A tenant should therefore seek a release from all breaches.
This clause sets out the responsibility for payment of legal costs.
5. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
This clause excludes the rights of third parties that arise by virtue of the 1999 Act. The Act came into force on 11 May 2000 and applies to contracts entered into on or after that date. It allows the parties to a contract to confer rights on third parties so that a third party may enforce the contract as if he were a party to it.