Lost contract

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    Lost contract

    Heres the thing:

    Sent a contract out to a tenant January this year to renew their tenancy for 12months. Tenant rang and said she didnt want to stay there for a year as she was planning to move out in october. nothing more was said and now the landlord wants to sell the property so i issued her with her notice last week to leave the property.
    Now shes saying that she sent back the contracts and has a copy of her signed and witnessed contract -not by landlord.
    Landlord wants her out and although she has no signed contract by landlord does the issuing of her contract back in january count for anything? or are we within rights to continue with the notice on her?

    thanks for your help!

    #2
    I am sure more senior members of this forum will correct me if I am wrong, but for an written AST to be valid it has to be signed by both parties.

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      #3
      yes i am quite sure its invalid, but if she didnt move out and we went to court, could she use this against us? she says she sent it back, but she thinks they are lost in the post..
      could she say she signed it sent it back and her signature has been witnessed.. she said she was waiting for her copy in the post but it never come... obviously!

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        #4
        I can't see it standing up in court, otherwise anybody could just get an off the shelf AST, fill it in with the landlords details, sign it and say it was valid.

        Can't see that you will have a problem myself.

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          #5
          with no copy of the contract does this mean that there is NO valid contract? This is my case as well, I have no copy of the contract, I signed it before the owners and have not recieved a copy, but it is me that wants out, not the LL

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            #6
            Originally posted by busy_bee101 View Post
            with no copy of the contract does this mean that there is NO valid contract? This is my case as well, I have no copy of the contract, I signed it before the owners and have not recieved a copy, but it is me that wants out, not the LL
            In your case, I would ask the landlord/agent for a copy of the AST (Contract) If they advise that one does not exsist, then yes you will hold all the cards. However, the case above is a little different to you as there was an original AST in place.

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              #7
              Originally posted by busy_bee101 View Post
              with no copy of the contract does this mean that there is NO valid contract? This is my case as well, I have no copy of the contract, I signed it before the owners and have not recieved a copy, but it is me that wants out, not the LL
              your contract is valid, even if you dont have a copy as no doubt your landlord has your contract with your signature on. as soon as you try and pull out, out will come the signed contract. its bad practice that your landlord has not given you a copy of your contract though. you should request it.

              Comment


                #8
                If you have no valid notice of the LL's address, you do not legally have to pay rent!!

                So its in the agency's interest to give you a copy of your agreement.
                All posts in good faith, but do not rely on them

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