No Tenant signature on AST

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    No Tenant signature on AST

    I have sent my tenant a copy of the new AST which I have signed. To date she has not signed and returned it but is paying rent.

    Am I right in assuming that as she has received it this is still a legal agreement even without her signature.

    #2
    Tenancy agreements do not necessarily have to be in writing at all, so the lack of a signature does not mean the tenancy itself does not exist. Is this the new tenant you referred to in another recent post? If so, chase up the agreement - just phone and ask if they received it as you haven't got it back, ask if there is a problem. Tenant may have just forgotten to post it back (did you include an SAE), or possibly never received it!

    However, if this is an existing tenant, what prompted you to send a new agreement? Tenant does not have to sign a new agreement, as if there was an existing valid one in place, all the terms and conditions of that remain. Also, if you sent the new agreement for the tenant to sign up to a new fixed term, and the previous FT has now expired, the tenant automatically gains a Statutory Periodic Tenancy, and does not have to sign for a new FT.

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      #3
      There is a rental increase in the new AST. The AST states that the rent will be reviewed annually and rent incresed in line with RPI etc. Two years ago I decreased the rent in order to secure a new tenant and after two years I feel it is time to start recouping some money.

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        #4
        Did the new tenant know this new agreement was coming? Are they already paying the higher level of rent?

        As I said above, an existing tenant with an existing agreement has no obligation to sign and return a new agreement just because you want to increase the rent. Their existing tenancy continues and you cannot force them to sign a new one.

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          #5
          The tenant was sent a letter to state that the rent was increasing. They are still paying the lower level of rent.

          So there is nothing I can do but accept the old payment or find a new tenant?

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            #6
            This might help, although unless your existing tenancy agreement includes a rent change mechanism, read the procedure first:

            http://tenancyanswers.ucoz.com/index..._the_rent/0-41

            Have you spoken to the tenants and asked whether they have received to AST you sent them? Did they acknowledge the previous letter?

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              #7
              Does the old tenancy agreement have anything in place about rent increases?
              If not, then serve a Sec 13 on the tenant.

              I would issue the Sec 13 with a rent increase higher than you proposed originally.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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