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Surrender of a Part II tenancy Gibbs Mew plc v Gemmell [1998] EWCA Civ 1262 Introduction It is very important to distinguish between actual surrender and an agreement to surrender: 24(2) “The last foregoing section shall not prevent the coming to an end of a tenancy by surrender.” 38(1) “Any agreement relating to a tenancy to which this Part of this Act applies shall be void in so far as it purports to preclude the tenant from making an application…

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