Agreement unsigned (or inadequately signed): void?

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    Agreement unsigned (or inadequately signed): void?

    ive recently started to manage a rented property for a friend and have issues with the tenant.

    She signed a 1year tenancy on the 30th september 2006 and now wants to leave the property giving 2months notice.

    i said shes got a 1year agreement but shes now claiming its invalid as its only got her signature on? I have a copy which is signed by the landlord and tenant so am unsure what copy she has.

    is this valid? is she in her right to leave?

    help required!

    #2
    So just post her a copy of the tenancy agreement you both signed.

    Job done!

    Comment


      #3
      She can leave but she must pay rent up until you find a new tenant which you should activly search for!

      As said above send her the copy you have that shows both signitures.. Not sure what happens if she provides one with only her signiture on.. someone may have made a booboo somewhere!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        yes but she wants to move out in 2months. can she claim that its not valid due to her not having the contract with landlords signature on

        Comment


          #5
          id like to know why she was given a contract with only her signature on aswell!!!!


          thing is the landlord has just spent £1000 finders fee to keep her on as a tenant??!

          Comment


            #6
            The procedure I'm familiar with is for landlord and tenant to sign identical copies of the agreement, one retained by tenant the other by landlord. If its done on the spot, both landlord and tenant will have a copy of the agreement signed by both parties. If its done by post, then each party will receive a copy agreement with the signature of the other party. They can add their own signature whenever they wish, eg when the terms of the AST are challenged.
            I'd have expected the tenant to have a copy signed by the landlord. Someone has been careless but as Eric and Justaboutsane say, if the landlord has a copy with both signatures, then thats OK. Even the tenant is producing an agreement with her signature on it, so she hasn't any moral grounds for complaint. She is objecting on a technicality which cannot hold because there is a copy of the AST with both signatures.

            Comment


              #7
              I agree. Like all leases, Tenancy Agreement should really be completed in two copies: Agreement signed by L and given to T, only once Counterpart has been signed by T and given to L.

              Anyway, Agreement is valid even if no-one signed anything (as AST can be oral). T could hardly argue otherwise, since that would lead to T being a trespasser!
              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).

              Comment


                #8
                thanks everyone! i have no idea where this has gone wrong but am shocked as the landlord has paid a finders fee-so surely the agents should have properly done the job.

                have forwarded her a copy now-hopefully it can be resolved shortly.

                Comment


                  #9
                  Originally posted by rainbowcuddles View Post
                  but am shocked as the landlord has paid a finders fee-so surely the agents should have properly done the job.
                  NO COMMENT!!! Just cos they have retained a fee does not mean they have done the job right!!
                  GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                  Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                  Comment


                    #10
                    Originally posted by justaboutsane View Post
                    NO COMMENT!!! Just cos they have retained a fee does not mean they have done the job right!!
                    I hate to be defending letting agents, but just because she has now decided to move does not mean the agent didn't do their job properly. None of us are crystal ball gazers so when they found her, she might well have been a very good prospect.

                    (God, that was really painful! )

                    Comment


                      #11
                      Unsigned Tenancy - LA witholding Deposit

                      Hello,

                      I am after some advice please.

                      I found a rental property through a letting agent; I paid £151 admin fee and £475 bond. We completed the forms for credit checking us (and for a guarantor due to our adverse credit).

                      We were assured on being shown the property that the tenancy agreement would be for six months, rolling. The letting agency sent the guarantor forms with a copy of the tenancy agreement to the person acting as guarantor (they did not send anything to me at this stage).

                      My guarantor was concerned with what was stated on the tenancy, it was actually for only 3 months plus several conditions which we were not made aware of.

                      I immediately contacted the letting agency and informed them that I wished to pull put as I was not happy with the tenancy agreement. They then said that they would amend the agreement to 6 months rolling.

                      On receiving the amended agreement via my guarantor (again, nothing sent to me) I was not happy with some of the terms within the agreement.

                      The authorisation that I signed had the following statement incorporated in to it:

                      Please note if you withdraw your application you immediately forfeit the administration charge. We also reserve the right to retain part or all of the balance of the deposit, dependant upon the proximity to the scheduled commencement date of the tenancy. If your application is declined you will forfeit the administration charge for work carried out on your behalf.

                      From this I expected to lose the admin fee but have the deposit returned. They are saying that I am not entitled to it back and basically, the only way to get it back was through a solicitor. As I have not signed a tenancy agreement and they misinformed me as to the length of the tenancy, are they within their rights to withhold the deposit?

                      Any advice or opinions on this would be greatly appreciated, thank you.

                      Comment


                        #12
                        Unsigned AST tenancy

                        Hi, I was led to believe that my tenant had signed the 6 month AST but it now turns out that they haven't . It has only been signed by me, the landlord.

                        The property was advertised as a 6 month rental to which the tenant replied and moved in. It is now 5 months into the tenancy and the tenant has paid their rent on time during the tenancy. However they have moved out one month early (no notice given) and are asking for their deposit back (one month). When I explained that it is a 6 month tenancy they first tried to claim they were not aware of this. When I pointed that is what the original advert said and I also have email correspondence that they were sent to confirm the tenancy terms... they are now saying that they never actually signed the AST so therefore they are not liable for the full 6 months.

                        Advice please!

                        Comment


                          #13
                          You have a copy of tha AST ?
                          Is it signed ?
                          Is depositt protected ?
                          A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                          W.Churchill

                          Comment


                            #14
                            You have a copy of tha AST ? Yes I have my copy
                            Is it signed ? No
                            Is depositt protected ? No

                            Comment


                              #15
                              Originally posted by oxtailsoup View Post
                              You have a copy of tha AST ? Yes I have my copy
                              Is it signed ? No
                              Is depositt protected ? No
                              The fact that the AST is unsigned does not mean there was no tenancy; T has clearly paid a deposit, paid rent and occupied the property. That should not be an issue, especially as T has been supplied with the written TA. An AST can be an oral agreement, if push comes to shove. The salient issue is that you say you did not protect T's deposit.That was very unwise.

                              This means that you risk T suing you for 3x the deposit which is the penalty for non-compliance.

                              You have 4 options :

                              1 fight them for the final month's rent and risk them suing you for non-protection of deposit;
                              2 protect their deposit immediately and supply them with prescribed info as you should have done 5 months ago (although this is not a foolproof way of avoiding the penalty, it has worked for some LLs so far), then pursue them for the last month's rent;
                              3 cut your losses, return their deposit immediately and wave goodbye to the lost rent;
                              4 return the deposit and still pursue the rent.

                              Returning the deposit in full means they cannot then sue you for not protecting it; hanging onto the unprotected deposit in lieu of the missing rent is not an option.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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