Tenants moved in but no signed tenancy!?!

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    Tenants moved in but no signed tenancy!?!

    Hi All,I've posted on here before and you guys have really helped!

    My friend has let her property to a nice couple, they moved in on Saturday and a check In was done, all money paid, deposit will be paid into the DPS today. However a formal tenancy agreement hasn't been signed yet, there was so much commotion getting the propety ready so I think it just slipped their minds.
    Where does this leave her?
    Many many many thanks in advance!!!

    Cheers

    Crippy

    #2
    What have they agreed? Have they agreed on a tenancy agreement but just didnt sign it or didnt bother discussing details?

    I would think that the tenancy is now formed and it will be difficult to include terms that are not accepted by the tenants unless agreed before. I still think she should try and have a tenancy agreement signed, but I doubt the tenants have to sign anything if they dont want to. No reason to believe the tenants are dodgy obviously
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #3
      Has your friend mentioned this to her tenants?
      Is there a problem?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        A tenancy agreement isn't a legal requirement, so no worries there.

        However, without such an agreement, your friends are going to have difficulty proving what has been agreed with the tenant other than stuff that is covered by statute.

        If friends can get a tenancy agreement signed (no obligatin on tenants part) I would suggest that it commences from the 1 month anniversary (maybe 5 or 11 months?) as they can't be backdated and that will minimise confusion over tenancy/rent dates.

        Comment


          #5
          Originally posted by Snorkerz View Post

          If friends can get a tenancy agreement signed (no obligatin on tenants part) I would suggest that it commences from the 1 month anniversary (maybe 5 or 11 months?) as they can't be backdated and that will minimise confusion over tenancy/rent dates.
          Simple solution is: Tenancy for 6 months starting the 28th July 2012, signed 30th July 2012.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Hi guys,Thanks for the really quick response!!
            It has been verbally agreed at 6 months, other things have been verbally agreed such as no pets, no smoking etc. She has e-mails confirming this.
            Theres no problem which is good. I think backdating one would be the best idea, is it simple to do?
            Cheers

            Comment


              #7
              Originally posted by crippy View Post
              It has been verbally agreed at 6 months, other things have been verbally agreed such as no pets, no smoking etc. She has e-mails confirming this. E-mails are generally not accepatable as evidence in court
              Theres no problem which is good. I think backdating one would be the best idea, is it simple to do? As has been pointed out you cannot back date a tenancy agreement, so your friend should date one from the day it is signed
              thesaints advice IMO is wrong to sign a tenancy dated after it started i.e. two days ago - it should be the same day or a future date.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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