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My tenants rental agreement hasn’t been signed!


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Hi just looking for advice, about my letting agent. I pay for find tenant only, including Contract and inventory. 

When I went into to collect my copy of my new tenants agreement for some reason the lady Lettings Negotiator signed the copy and dated it in front of me at the time I didn’t think anything of it as I had forgot my glasses. When  I got home I noticed it had been signed and dated a few days later which was the date I collected not the date the tenants signed. Shouldn’t have this being signed in front of the tenants? Isn’t this what I pay for? Wouldn’t it make it an invalid contract now?   I called spoke to The senior branch manager He also said the tenants have got a completed copy they signed on my behalf this is incorrect. Also there were boxes unticked on there he said tenants had got the copy with tick boxes. As I asked my tenant to send me a photo of some of the pages of their contact. It has not been signed, or their boxes ticked. I was then emailed a copy of my contact with the lady Lettings Negotiator Signature on dated the day the tenants signed. Which apparently is the same as what the tenants have received they don’t know I have already asked the tenants for photos of their unsigned copy. What should I do now?

He also said they have a unsigned copy because some landlords like to sign it themselves how can they do that when the tenants are not there.  He said that I don’t pay for them to sign I’m so shocked  he said i’m paying for the advertising and viewings  etc. 

Also the contract has been set up for 6 months not 12 months he said it’s a oversight as the tenants asked for 12 month contract as well. He said he will get that amended to reflect the 12 months.  

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  • 2 weeks later...

@x3hph

If I understand correctly, neither the tenants nor the landlord as signed or is it just the landlord who hasn't signed? 

I'm not a solicitor, but my view would be that as there is a draft contract, the tenants have moved in and paid the rent, the actions indicate that all parties are satisfied with the terms of the contract and have acted upon on these terms. The courts do not always need to see signed contracts for contracts to be enforceable, the question in law is what the parties intended to do and the facts would appear pretty clear here. 

I'd just sign your copy of the contract and send it to the tenants... 

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The estate agent has now done an Memorandum of Agreement for 12 months and the Tenants have signed it also I have, so I think everything is alright now. But would you do anything if the agent gave you incorrect paper work by mistake giving you another landlords bank details address which is nothing to do with me. 
thanks for all your help 

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@sam_f3 and @x3hph

I am a lawyer by trade.  The situation is not as simple.  To name a few, there are issues relating to (a) who signed the contract; (b) whether the persons who signed the contract are authorised to do so; and (c) the validity of the purported amendment of the term of the tenancy from 6 months to 12 months.

In the worst case scenario, there is no valid contract, so you effectively have a periodic tenancy, and only have the bare-bones legal terms implied into your circumstances.

Even if the tenancy agreement and the memorandum of agreement are valid, it may not be sufficient to cover all related issues, such as the application of any check-in report.

A detailed factual analysis is required to actually know what your legal position is.  However, as a matter of practicality, if you do not want to bother the tenants, and assuming that your estate agent has confirmed that the Memorandum of Agreement will fix all the issues, you may want to consider obtaining an agreement from the estate agent that they will indemnify you for any loss that you may suffer in future as a result of the fact that they messed up big time in the transaction.

For the avoidance of doubt, the above (a) does not constitute legal advice (and no lawyer-client relationship is formed in any way) and (b) is set out for your reference only.  You should seek formal legal advice for your matter.

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