Cancel joint tenancy if other joint tenant did not sign the agreement

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    Cancel joint tenancy if other joint tenant did not sign the agreement

    I have just paid one month rent and security deposit and got the keys. The other joint tenant is away as we have been waiting almost a month for reference check he had to leave initially for short period and has not signed the papers yet, same night I found that unfortunate circumstances will keep him away for the moment.

    Since I do not want to rent on my own next day went to the agency to cancel but the manager was not there and do not have their response yet. I am aware we will lose the £390 agent fee anyway.

    The landlord said they will want to keep the rent and decide whether to return any of the deposit if I cancel.

    Since the short hold tenancy agreement is not yet signet by both joint tenants is it still binding ?

    what are my options to cancel and get any money back, am I legally responsible to proceed with the tenancy on my own or I can cancel it.

    I still pay and leave at the previous place as once they said the new references are ok wanted us to move in and did not have time to give my current notice.

    Thank you.

    As there is no requirement for an AST to be in writing you have a legal tenancy. You will have to sort out matters with your co-tenant.
    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.


      I am not happy with them, they did not give us time between approval and starting date and I end up paying rent on two places,, they wanted me to sign for starting date a week in the past. Did not put major things in inventory report that can easy cost me the security deposit. not sure what to expect in future.

      And is not even 24hrs before I told them regarding the cancelation, it was Friday night till Saturday they have not have time to have any losses and they have insisted I hurry up with payment as they have a lots of interested people.


        You have a valid tenancy, and the landlord/agent can hold you to it.
        I would expect a court would decide that the terms of the tenancy would be those of the contract that you signed - as clearly you agreed to them.
        The terms would therefore include the complete initial term.

        If you are able to get out with just a month's rent and the deposit, you're probably doing well.
        The landlord/agent would be doing you a huge favour,

        You would have to try and recover from the joint tenant who let you down.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


          Thank you for the answers. I will still check with the agency on Monday just in case.

          In the case they did not do a good job on the inventory description and communication causing me to lose money is it not my right to get part of the agency fee back ?


            Agency fees, except in Scotland (largley illegal), are pretty much what they want to charge: What terms & conditions were there on the fees charged relevant to your issue?

            'taint fair or reasonable but, usually, it is legal
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


              Without full detail it is difficult to say if there is a tenancy.


                It is all sorted the agency negotiated with the landlord and offered me to give them the keys back and they return the deposit back to me , unfortunately will lose the rent for the first month unless they find somebody quickly and in that keys will recover the cost for the days that will be occupied within that month.

                Thank you all for the comments.


                  Without knowing ll the facts that sounds a reasonable pragmatic compromise - certainly better than some landlords would have agreed.

                  No doubt next time you will be wary of handing any cash over until everyone has signed.


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