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    Advice

    Hi, hope someone can help. If a tenancy has been offered and a draft tenancy issued but nothing has signed, can the landlord u-turn and change his mind (if he has found out that the prospective tenant has not been truthful)?

    #2
    Am I right in thinking it is not valid/legal unless it has been signed by both parties?

    Comment


      #3
      A tenancy does not need to be in writing. Verbal is entirely legal. So, e.g., if someone moved in, paid rent, obviously lived there it's a tenancy, and probably a judge would conclude the wording of the draft applied. What are your circumstances please?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Tenant hasn’t moved in yet, the draft hasn’t been signed.

        Comment


          #5
          Originally posted by North1970 View Post
          Hi, hope someone can help. If a tenancy has been offered and a draft tenancy issued but nothing has signed, can the landlord u-turn and change his mind (if he has found out that the prospective tenant has not been truthful)?
          There are two separate points there.

          Mechanically, if you have given the tenant a tenancy agreement and they agree it (the conventional way of doing that is to sign it), the chances are it's a valid contract even without a countersignature (unless there is a clause in the contract that says it's not valid without both signatures, and even then it is likely to be valid).
          By supplying the agreement, you've made an offer and the contract is made by the tenant accepting the offer.

          If the tenant changes the agreement, for example, by crossing something out, there's no offer, so there's no contract.

          As a separate point, if the tenant has only received the offer because they've misled you, you don't have to honour the agreement that you've entered into.
          It's theoretically possible for the tenant to try and force you to agree to honour the agreement, but I can't imagine a court going along with it if they've been offered something based on false information (and more realistically, I can't imagine the tenant even trying).

          I'd politely tell the tenant that you have reason to believe that something they told you is not accurate and that, consequently, your offer of a tenancy is withdrawn.

          The important thing is to not give the tenant access to the property, otherwise there's both a contract and a tenancy, which is much harder to unwind.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by North1970 View Post
            Hi, hope someone can help. If a tenancy has been offered and a draft tenancy issued but nothing has signed, can the landlord u-turn and change his mind (if he has found out that the prospective tenant has not been truthful)?
            Yes, I'm afraid so, the Landlord can change his mind for any reason until the contract is agreed and understandably so if you have lied

            Comment


              #7
              Sent you a PM jpkeates

              Comment


                #8
                Sent you a PM theartfullodger

                Comment


                  #9
                  Sure, technically you can withdraw the offer before the prospective tenant signs the contract, but as once stated by I think Lawcruncher on another thread, there's nothing you can do to stop the tenant from claiming they had already signed the contract by the time you inform them you are withdrawing your offer. If they physically have the contract to be signed, it's probably too late to change your mind unless the contract are set up to required to be exchanged.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    The tenancy agreement hasn’t been signed by the prospective tenant and we haven’t signed it either.

                    Comment


                      #11
                      Based on the info from the PM it’s an incomplete draft agreement that would need changes to complete before the tenant signed, including the start date.
                      The tenant can’t simply complete it and sign it for it to be valid.

                      There’s no contract, and if the tenant tries to enforce it, they’ll almost certainly fail.
                      And, as they have no loss to compensate and could, therefore, only seek to compel performance (so the small claims track shouldn’t apply), I can’t see any solicitor being prepared to take the case.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment

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