I have tenants that have signed a Tenancy Agreement but are not due to move in until 26 July, they have messaged telling me that they can no longer move into the property due to a personal situation. I have agreed that once a replacement tenant is found that I will release them from the Tenancy Agreement by way of Deed of Surrender. My question is can a Deed of Surrender be signed electronically and will it be legally executed if signed electronically?
No
A deed has to be signed in wet black ink and witnessed
That is the criteria that makes it a deed
Yes, but it may involve a conveyancer and a physical presence of an unrelated and independent witness on both sides who can attest to the process. I think it’s best to seek legal advice from a solicitor or a barrister.
In law a deed must be signed an witnessed independently
An electronic signature does not constitute a deed .
I’ve done a lot of deeds of surrender and guarantor deeds
I was taught by my solicitor that it must be signed manually
If you read the n r l a deed notes it needs to be signed in person and witnessed
Thanks, I have read about NRLA deeds, and although one must approach such a process with caution and attention to details, they can be signed electronically.
The legal advice I was given was it is to be signed in ink
On the law courses I have been taught to sign everything in ink ( David Smith and Tessa )
I’ve known people get out of their guarantor responsibility alleging it’s not their signature their account was hacked …..
Tessa has advised vehemently to get everything manually signed , including the contract , for this very reason
I certainly would not do a deed of surrender digitally . The repercussions could be huge if they turn around and allege their account was hacked and they didn’t sign it
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Its hard to prove that a deed has been executed properly if its signed electronically. However, it not necessary as there is no tenancy until the tenants take possession. At the moment you only have a contract to supply. A simple signed agreement terminating the contract should suffice and it doesnt need to be signed as a deed provided its signed by everyone. The applicants owe you rent until you can re-let, which you mustn’t unreasonably delay.
I recently had to terminate a contract in a similar situation that the tenants signed the contract but I hadn’t
Even so there was an implied tenancy
The n r l a advised me to sign a deed of surrender for completeness
In my experience, N R L A advice is not always technically accurate and they often recommend belt and braces solutions. For a more nuanced recommendation its best to check with a housing solicitor.
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