Jurisdiction(s):
United Kingdom

Key definition

Renunciation definition

What does Renunciation mean? In leasing practice, renunciation is the written agreement by which a tenant, with the landlord’s consent, gives up a lease early so the tenancy ends. It is a descriptive term rather than one generally defined by statute in the UK. Across England & Wales and Northern Ireland this is usually called a surrender and is documented by a deed of surrender; in Scotland and Ireland the term renunciation of lease is commonly used. Key features include mutual consent, clear termination date, delivery of vacant possession, and settlement of liabilities. A renunciation/surrender typically does not release accrued rent, dilapidations or other existing...

Renunciation of Leases under Scots Law: Express and Implied Routes, Sub-lease Effects, Land Registration, LBTT, Tacit Relocation and Insolvency

Published by a LexisNexis Property Disputes expert

Practice notes

Default position

Bilateral surrender—termed renunciation under Scots law—describes how a tenant relinquishes rights arising under a lease. This may occur by express agreement between the parties, or through the landlord’s acquiescence, which carries an implied discharge of claims against the tenant. The framework applies to both residential and commercial leases. For Agricultural tenancies, see Practice Note: Resumption of agricultural holdings in Scotland and partial notices to quit. Under Scots law, neither party is able to renounce unilaterally.

Renunciation is distinct from:

abandonment where the tenant justifiably rescinds the contract owing to a material breach by the landlord (see: rescission or abandonment: Stair Memorial Encyclopaedia [200])
abandonment where the tenant unjustifiably repudiates the contract and deserts the subjects (see: To Remain in Possession: General: Stair Memorial Encyclopaedia [175])

Where renunciation does not arise by agreement but instead amounts to abandonment, the landlord is presumed not to have waived any claims (see: Bidoulac v Sinclair’s Trustee), and is entitled to recover rent for the period after repudiation without seeking to enforce the...

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Alistair Drummond

DLA Piper

Alistair heads up DLA Piper's Litigation and Regulatory practice in Scotland, and specialises in all aspects of Commercial Property and Commercial Lease disputes and Contentious Construction issues. He advises on wide ranging matters including dilapidations, keep open clauses, landlord's consent, irritancy, lease interpretation, servitudes, enforcement of missives and agreements for lease, amongst others. Recognised by his peers and clients alike as having extensive and comprehensive knowledge of his area of practice, Alistair is frequently requested to lecture and present seminars and training events on the subject. ...

Web page updated on 21/05/2026

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