Tenancy agreement only signed by tenant
I am a non-resident landlord. The agent currently acting on my behalf is not the agent I originally signed up with (company was taken over last year). Recently they found me new tenants, but they never provided me with a copy of the tenancy agreement. After chasing it I discovered it only had the signature of the tenants – the agent had not signed it on my behalf. ![]()
When questioned, the agent said it is not their policy to sign tenancy agreements – however they did not tell me this until now and I am worried that without my signature the document is not legally binding. My agent says it only needs the tenants signature, however I thought both parties had to sign it? Wouldn’t the tenant need a signed copy?
Also – on a separate issue, the new agent is arguing that the conditions agreed with my previous agent is not covered under the service they provided – i.e. I had agreed property inspections twice a year but the new agent is saying inspections with them are additional extras not covered under their standard management service. I have already argued the point that I have not agreed/signed to any new terms so as far as I am concerned my current terms still stands and they have reluctantly agreed, however I have yet to see if they carry out the inspections.
Am I in the right?
Any advice much appreciated.
Regards
Tania
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Bankrupt estate agent - London W11
Comments: 98
9:51 AM, 19th June 2015, About 11 years ago
Hi – it does need your signature but I have been involved in cases where only the tenant has signed and been okay. I would be inclined to get the AST from the agent and sort it out yourself of peace of mind. If you need any help only pleased to see what I can do for you.
Member Since July 2013 - Comments: 1434
10:03 AM, 19th June 2015, About 11 years ago
If it is a contract not signed as a Deed, then I believe that your copy only needs to be signed by the tenants.
Member Since July 2013 - Comments: 264 - Articles: 1
10:25 AM, 19th June 2015, About 11 years ago
another reason to dump the agent, do it yourself, the only effective way sadly.
Member Since August 2013 - Comments: 883
11:12 AM, 19th June 2015, About 11 years ago
There is no legal requirement for the agreement to be in writing. It is about having good evidence of what the actual agreement is.
When the tenant does not sign there is always a problem in asserting whether the document contains the terms as agreed, and deposit schemes are over-fussy in such cases.
However, since the document is provided by the landlord I think that his signature is not that important unless it is clear that it was “subject to contract” and tenant hasn’t been granted possession yet, etc. Of course, the best practice is to sign it, though.
I think that it happens often to have tenancy agreements not signed by the landlord/agent, especially for renewals when managed by an agent.