Rental Agreement

[benn]

What are the implications of a signed AST not being returned to me? I sent it off to agent signed, witnessed etc. but haven't had a copy back with the landlord's signatures. I thought I saw a similar topic but cannot find it.

Anyone able to help please? Thanks.

[zebbedee]

What are the implications of a signed AST not being returned to me? I sent it off to agent signed, witnessed etc. but haven't had a copy back with the landlord's signatures. I thought I saw a similar topic but cannot find it.

Anyone able to help please? Thanks.

Had the same with ours when we renewed. They were giving us excuses that the LL had to sign so we told them, 2 days before due to commence, that the rent would not be paid until we had a copy-they emailed a pdf with the LL signature (we had spoke to someone new to us as the usual person was out of office) then got an email the next day from the usual person saying they would sign and send out a copy. Got that with thier signature along with a note saying the LL was still unobtainable. So they defrauded us-feckers. Without a copy you have no way of knowing if a contract exists or not, the LL could sit on it until you say feck it we're off and sign and postdate it or could decide himself feck it I want them out. Get a copy!!!

Edit had removed irrelevent gubbins

Edited May 17, 2011 by zebbedee

[porca misèria]

Have you moved in yet? If so (and presuming you've also paid your first rent) you should be fine: the law is on your side if necessary.

If no, I wouldn't even try to comment.

IANAL.

[Damocles]

The problem here is that a contract to grant a tenancy for three years or less does not need to be in writing. This means that whilst you can effectively never create a contract to buy land unless there is a formal written agreement that complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, when it comes to such tenancies an agreement can arise by an exchange of correspondence, some writing less than a formal agreement and orally.

There are two possible situations:

The first is that the parties conclude a binding agreement without any formal written agreement and then go on to record that agreement formally.

The second is that there is no binding agreement until a formal agreement is signed by both parties or signed agreements are exchanged.

The difficulty is that negotiations are often carried on without due regard being paid as to when and how a binding agreement is to be reached. However, it takes two to tango and there has to be agreement on both sides. A landlord cannot accept a signed agreement from a tenant and hold onto it indefinitely on the basis that he has the tenant on the hook whilst he makes his mind up. When a tenant, with the clear intention of being bound, sends a signed agreement to a landlord or leaves it with an agent he does so in the expectation that the matter will be concluded without delay. In the absence of any understanding to the contrary (i) the tenant can withdraw up to any moment before the contact is concluded and (ii) the landlord can conclude the contract at his leisure.

In practice things can get messy and in any particular case it is impossible to say if there is a contract without knowing all the facts and seeing all the relevant documents. As a general principle though it can be said that if the parties proceed on the understanding that there will be no contract until a formal agreement is signed or until signed agreements are exchanged, there will be no agreement until that happens.

For the record, where a tenant pays rent and goes into occupation there will always be a tenancy whatever has been signed. What the terms of the tenancy are depends on the circumstances.

Edited May 19, 2011 by Damocles