Signed tenancy agreement not received - legal position?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Signed tenancy agreement not received - legal position?

    I am not near to one of my properties and have to do everything by phone/email/fax and post (I don't know anyone near to the property either).

    I have a tenant who has moved into the property and I have a faxed copy of the agreement from the tenant but not the original.
    I have sent my copy of the agreement with my signature only.

    It has been over 1 month and I am still waiting for the tenant's copy to arrive.

    I have called the tenant on several occasions and each time they apologise (citing various reasons) and then promise to get the agreement in the post to me, but they don't.

    Is there any legal problem here with me not having an original tenants signature on the agreement?

    I have no other problem with this tenant.

    #2
    An AST could be oral-only (although that's never a good idea), so absence of documentation could leave it valid nevertheless.
    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


      #3
      Send them a stamped self-addressed envelope.

      And don't ever let tenants move in without signing anything up front. The faxed copy (presumably signed by T) may have some validity as evidence of the terms of the tenancy, especially if the phone number it was sent from is, for example, the T's office (but this is just my personal opinion based on my experience of companies sometimes asking me to fax signed agreements to them - presumably because this provides proof of my signature).

      Comment


        #4
        You may not be able to use the accelerated procedure to evict (if necessary) without a written (and signed) TA.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


          #5
          The tenancy agreement has been signed, its just that I don't have the original.

          Comment


            #6
            But, as I posted, signature/non-signature is irrelevant. So is whether or not you have the original AST.
            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


              #7
              Originally posted by jeffrey View Post
              But, as I posted, signature/non-signature is irrelevant. So is whether or not you have the original AST.
              How are you suppose to prove when it comes to evicting if necessary, that you let to the tenant on an AST, and all the agreements in said AST were adhered to, if not able to produce a written copy signed?

              So for eg, if the tenant breaks a certain clause in the AST, ie no pets, but has pets and they wreck the place.....what is the comeback if there is nothing to show the tenant signed and agreed to this?

              Comment


                #8
                The aim must always be to bind T to the written terms of the Letting Agreement, one way or another, The best way to achieve this is if T executes (and L retains) a Counterpart TA, handed-over from T to L in exchange for TA itself which L executes (and T retains).
                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

                Latest Activity

                Collapse

                Working...
                X