Landlord never signed AST

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    Landlord never signed AST

    Hi,

    I would like to know, how a proposed AST which a landlord never actually signed is treated as?

    Does it become a "Oral Agreement" or does any other default agreement as defined in one of the Housing Acts take its place?

    And what about its duration?

    I believe it's easy to guess, which "Maverick" is the LA in such a case?

    #2
    IMHO

    It is probably the intention of the LL and/or agent that they are the terms and conditions of the tenancy, even though they are unsigned. If tenant has possession and has signed the AST, those terms would prevail. If tenant had not signed, then LL could only expect implied terms and would not be able to insist on tenant asking permission for pets etc.
    All posts in good faith, but do not rely on them

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      #3
      Originally posted by catmedia View Post
      Hi,

      I would like to know, how a proposed AST which a landlord never actually signed is treated as?

      Does it become a "Oral Agreement" or does any other default agreement as defined in one of the Housing Acts take its place?

      And what about its duration?

      I believe it's easy to guess, which "Maverick" is the LA in such a case?
      Hi Catmedia,

      Is the "Maverick" part referring to myself?! If so, do I know you or is it referring to a post that has been made?

      Bel - The OP, I believe was asking what would happen if the LL hadn't signed rather than the T. In this case I believe that an acceptance of rent and the tenancy would result in the LL naturally accepting the terms that the tenant had signed.

      Kind regards,

      John

      Comment


        #4
        Re-reading my post, to clarify - an AST can still be an AST without a LL signing the contract, if the T moves in and has paid rent. Hence you can have an AST with no paperwork.

        Someone with more legal knowledge than myself will be able to clarify.

        Kind regards,

        John

        Comment


          #5
          Originally posted by MaverickPropertyManagemen View Post

          Bel - The OP, I believe was asking what would happen if the LL hadn't signed rather than the T. In this case I believe that an acceptance of rent and the tenancy would result in the LL naturally accepting the terms that the tenant had signed.


          I think I understood the question
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment


            #6
            Just checking - you have to be sure of these things!

            Kind regards,

            John

            Comment


              #7
              Originally posted by MaverickPropertyManagemen View Post
              Re-reading my post, to clarify - an AST can still be an AST without a LL signing the contract, if the T moves in and has paid rent. Hence you can have an AST with no paperwork.

              Someone with more legal knowledge than myself will be able to clarify.

              Kind regards,

              John
              Yes. As from 28 Feb. 1997, AST can be oral only.
              However, see s.20A of 1988 Act. T has right to a Statement of Terms not already evidenced in writing.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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