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View Full Version : Invalid tenancy? AST not signed by letting agent.


lookingforhelp
08-06-2006, 07:19 AM
Hello

We're having some problems with a tenant who's rented a property for 9 months. They've issued notice to move out before the term stated in the AST. They believe that because they signed the AST, but that the letting agent, or ourselves, didn't countersign, they are within their rights to move out with 1 months notice under statutory tenancy law.

Are they able to do this? Is there anywhere in the law that states an AST has to be signed by both parties to be legally binding?
Paul_f
21-06-2006, 21:56 PM
Hello

We're having some problems with a tenant who's rented a property for 9 months. They've issued notice to move out before the term stated in the AST. They believe that because they signed the AST, but that the letting agent, or ourselves, didn't countersign, they are within their rights to move out with 1 months notice under statutory tenancy law.

Are they able to do this? Is there anywhere in the law that states an AST has to be signed by both parties to be legally binding?

A letting agent shouldn't sign the tenancy agreement unless you have given them express permission to do so.
If the tenancy agreement wasn't signed by you (or perhaps the agent) then the tenant has a monthly periodic tenancy if that's how rent has been paid and can serve you with one month's Notice that should end at the end of a rental period i.e. the day before rent is due.
Deltasig
18-07-2006, 18:58 PM
My understanding is that regardless of the length of tenancy, any time after month five the tenant is entitled to give one month's notice ending on a rent day.
pippay
19-07-2006, 12:39 PM
Delatsig, that would only apply to a 6 month tenancy certainly not a 12 month one ! .. and in any event, my understanding is that it is not mandatory to give a months notice if you are leaving at the end of a fixed period, although it is polite to do so.

After this, when it becomes periodic, is when a month's notice ending on a rent day, kicks in.
yasmin2
13-08-2006, 04:32 AM
How is express permission to sign a contract construed. Does it have to be verbally or in writing?