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23 July 2009 / Julian Sidoli Del Ceno
Issue: 7379 / Categories: Features , Landlord&tenant , Property
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Actions not words

Julian Sidoli del Ceno explains the concept behind surrender by operation of law

 

It can often be difficult at the end of all relationships and legal relationships such as that between landlord and tenant are no different. What begins with a courtship and can often seem to be an ideal, mutually beneficial relationship to both parties too often ends in acrimony.

In these difficult economic times there is even more propensity than usual for tenancies to come to an end before their natural life cycles. It is vital that landlords and their legal advisers know what options are open to them and how best to conduct these often difficult and tactical manoeuvres which tend, in reality, to be a mixture of both legal procedure and business tactics.

Surrender by operation of law

Tenancies can end by merger. This is where the two legal estates of leasehold interest and freehold interest are merged together in the same person, be it an individual or company.

This is usually the case where

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