In any event, this section refers to the Tenancies of Insuranced Shorthold created in England and Wales under the Housing Act 1988. Other types of agreements could be governed by different rules. In practice, written consent to surrender, but not as an act, would generally give a clear indication of the parties` intentions and would make it considerably more difficult for the tenant to argue that their actions are consistent with the persistence of a tenancy agreement. If the lessor and the tenant wish to enter into a contract for the surrender of this protected tenancy agreement, they must comply with the procedure for concluding the contract, since the tenant waives his legal right of withdrawal by handing over the tenancy agreement. 20. Fourth, while commercial common sense must take into account a very important factor in the interpretation of a treaty, a court should reject the natural meaning of a provision only because it would appear that one of the parties has a very unwise notion of consent, even ignoring the benefit of wisdom after the fact. The purpose of the interpretation is to determine what was agreed between the parties and not what the court felt they should have accepted. … Therefore, in interpreting a contract, a judge should avoid rewriting it to help an misguided party or to punish an intelligent party. It is strongly advised to abandon the lease in writing, as capitulations without written agreement (implicit capitulations) are much more chaotic and complicated. To be as complete as possible, any rental meal should include that disputes over surrenders are rare and that the vast majority of leases can be terminated either by the terms of the contract or by mutual consent.
The procedure is similar to that used before a new excluded lease was awarded. The landlord must tell the tenant that with the conclusion of the contract, he renounces his right to a new tenancy agreement under the law. The tenant must then make a statement (or legal statement) to confirm that he understands and accepts it. The auction procedure must be followed as part of an agreement to award a statutory lease and to award new excluded leases. Buyers should require proof that the procedure was followed prior to the exchange. In particular, as explained below, a lessor must specify under what conditions it takes over the keys.