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View Full Version : One of joint tenants did not sign AST- effect on L's rights?



Land
30-10-2009, 18:45 PM
Have filed section 8 and section 21 notices 2 weeks ago on the couple living in our property for rent arrears. Having dug out the contract I have realised that only one of them has signed the AST (which is in their joint names). Must have been a stupid oversight on our part. He has completed and signed a tenancy application form (with NI number, bank and employer details for credit check) as the 'Primary applicant', but his other half is the only one who has signed the AST.

I assume it will mean that we are unable to chase the unsigned tenant for the rent arrears (but would be delighted to be proved wrong!), but does this make the whole contract invalid?

Will it be a problem at the court date to gain posession?

Thanks

jeffrey
01-11-2009, 23:04 PM
An AST can be valid even if oral only; so non-signature by one of the two is not fatal as long as you can show that both have accepted the joint and several obligations which it purports to impose on them together.