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So me and the Landlord (through the estate agency) have decided to enter into a surrender agreement. However, there are certain clauses in the surrender agreement that seem unclear and I need advice on those.
The surrender agreement contains the following clauses:
1. The Tenant hereby promises to return the property to the Landlord on the date of Surrender in the same condition as it was at the start of the tenancy, as confirmed by the Inventory. The Tenant agrees that if the Property is not left in satisfactory condition upon the date of Surrender and requires cleaning, repairs effected or items replaced, the Landlord (or his Agent) will instruct the works to be done and the costs will be deducted from any monies held by the Landlord that are lawfully due to the Tenant, including the deposit, without contest.
This clause makes it seem like I cannot argue against improper deductions from my deposit. The deposit is protected under a Deposit Scheme. Does this clause mean that I cannot refer disputes to the Deposit Scheme and I just have to accept whatever deductions my Landlord makes?
2. Subject to the Tenant fully complying with all of the above terms, both parties release and discharge each other from all liabilities arising under ‘the Tenancy’ or (other than as set out in this agreement) any other document or any variation of the terms of the tenancy EXCEPT the obligation on the part of The Tenant to pay the rent reserved in the tenancy agreement.
The original fixed term for the tenancy (it is an AST) was supposed to run till until the end of August. The Landlord and I agreed that as part of the surrender I will forfeit my May rent, which has already been paid. However, does this clause mean that my Landlord can still pursue me for the rest of the rent due from June-August?
Thank you for any help provided, it is greatly appreciated!
The surrender agreement contains the following clauses:
1. The Tenant hereby promises to return the property to the Landlord on the date of Surrender in the same condition as it was at the start of the tenancy, as confirmed by the Inventory. The Tenant agrees that if the Property is not left in satisfactory condition upon the date of Surrender and requires cleaning, repairs effected or items replaced, the Landlord (or his Agent) will instruct the works to be done and the costs will be deducted from any monies held by the Landlord that are lawfully due to the Tenant, including the deposit, without contest.
This clause makes it seem like I cannot argue against improper deductions from my deposit. The deposit is protected under a Deposit Scheme. Does this clause mean that I cannot refer disputes to the Deposit Scheme and I just have to accept whatever deductions my Landlord makes?
2. Subject to the Tenant fully complying with all of the above terms, both parties release and discharge each other from all liabilities arising under ‘the Tenancy’ or (other than as set out in this agreement) any other document or any variation of the terms of the tenancy EXCEPT the obligation on the part of The Tenant to pay the rent reserved in the tenancy agreement.
The original fixed term for the tenancy (it is an AST) was supposed to run till until the end of August. The Landlord and I agreed that as part of the surrender I will forfeit my May rent, which has already been paid. However, does this clause mean that my Landlord can still pursue me for the rest of the rent due from June-August?
Thank you for any help provided, it is greatly appreciated!
