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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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I (landlord) have offered my tenant a cash sum to leave a tenancy

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I (landlord) have offered my tenant a cash sum to leave a tenancy early as wish to move back in to the property. He has agreed and will also sign a surrender of tenancy agreement, my worry is he wishes to have the money up front and then move out over a period of a week. What will be my options if he takes the money, signs the agreement but does not vacate?

Thanks for your patience.

The risk is that if he remains in the property then he will effectively force you to apply for an order for possession from county court. Provided the court accepts the surrender as legitimate then you will certainly get an order for possession, but I would be more concerned with the length of time that it would take.

It would take 3-5 weeks for hearing and then a further 28 days on the order for possession itself. He would most liekyl be order to pay the rent up to the date he vacates, but if he does not then you face a further headache in getting a money judgement against him before you even think about enforcing it.

I would get him to sign the surrender and transfer the money face to face on the final day of the week,anthing less exposes you to risk

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Kind regards,

Customer: replied 4 years ago.

So I would basically be safest to only hand over the money once he has vacated the property?


CAn I claim back any monies paid over to him if he does not vacate as agreed in the surrender?


Safest way, once he has left or either on the day whilst you witness him leaving.

You could claim back the monies, but if he is not willing to transfer them to you you would, again, have to litigate.

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