Fixed Term Tenancy Agreement Not Signed by any Party - So is it now a periodic?

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    Fixed Term Tenancy Agreement Not Signed by any Party - So is it now a periodic?

    My question involves landlord-tenant law in the United Kingdom.

    I had a previous fixed term tenancy of 1 year at the house I am living in which ran from July 2014 to end of June 2015. After which two of my flatmates moved out (out of four of us), so the remaining two of us had to talk to the agency and come up with a new agreement that would have a reduced rent.

    We verbally agreed that the two of us would pay £500 each totalling £1000 a month for rent. The agency then wrote up a fixed term agreement for 12 months stating the terms. The deposit was paid (using our deposit from the previous agreement) and a 'renewal fee' was also paid.

    The landlord came to the address and handed me two copies of the agreement; one of which I was to sign and keep, the other of which I was to sign and get the signature from a flatmate and return back to them (he was out of town at the time) - this had the landlord's signature, and was not a photocopy.

    However this signed copy of the contract was never returned to the agency, meaning that there is no contract held by the agency with my flatemate's, my own, or the landlord's signature. This was because we wanted to change the agreement so that it was 6 months, not 12 months - but they never got back to me on changing the terms. The agreement copies have since been misplaced during a house clean-out.

    Time passed and the agency never got back to me asking for the signed agreement - they only asked for the £1000 to be paid at the start of each month.


    My question is: As they hold no copy of a signed agreement does this mean that, as we had 'moved in' and started paying rent, a contractual periodic tenancy agreement was formed and not a fixed term agreement? Is the agreement Oral or can they enforce the terms of the contract that I never signed and completed (as I wanted a 6 month not 12 month). And if it is a fixed term agreement, surely it is extremely difficult to confirm the terms of the agreement as the contract was never signed and finalised?

    Basically I want to know what they can enforce!

    I ask this as my flatmate and I wish to hand in a notice and leave the property.

    Any help is greatly appreciated, I apologise for the length of this.

    Many Thanks

    #2
    No, you have a valid tenancy agreement that you agreed to. It being unsigned is not relevant unless you lie and say it wasn't agreed.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Well my flatmate did not agree to the terms as he wanted a 6 month contract, not a 12 month..

      If what you say is true, I thank you for your help

      Comment


        #4
        Originally posted by griffhawk View Post
        Well my flatmate did not agree to the terms as he wanted a 6 month contract, not a 12 month..
        If you have evidence to back up this claim, then you are in a strong position.
        As you are paying a reduced rent, then the landlord may accept you moving out earlier.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Is the written (albeit unsigned) agreement a joint tenancy between the landlord and both of you, or do you both have separate tenancy agreements?

          When "you" didn't agree with the term as written, what did you do about it?
          Just not signing it doesn't invalidate it - emailing and asking for a corrected document or something to show that a 6 month contract was "agreed" but a 12 month document arrived would be different.
          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).

          Comment


            #6
            The fact both tenants paid the new reduced rent since June means both accepted all the terms of the new unsigned AST ie 12 month fixed term. Unless there is a valid break clause, all you can do is 'offer early surrender' on LLs terms, to max of 12 months rent. A reasonable compromise would be 2 months remt + early re-advertising costs. A Deed of Surrender, signed on last day, after payment, would protect both LL & Ts.

            Comment


              #7
              mariner,

              I will contact the agency about an early surrender of the contract - perhaps I will be in luck as we are paying a reduced rent.. We shall see

              Cheers

              Comment

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