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View Full Version : The Date a tenancy is signed.........



sjc123
25-03-2010, 17:22 PM
Does the ommision of the date a tenancy agreement was actually signed invalidate the AST?
Thanks

mind the gap
25-03-2010, 18:36 PM
I cannot think it does, since a tenancy can be orally granted as well and in that situation there would be no evidence of a date, would there?

What is more important perhaps is that both parties are in agreement as to when the fixed term begins and ends.

Lawcruncher
25-03-2010, 19:07 PM
Does the ommision of the date a tenancy agreement was actually signed invalidate the AST?
Thanks

No. Dating is not necessary for a document to be valid.

sjc123
25-03-2010, 20:09 PM
Thanks, this is what I thought, however, ARLA state that it would be invalid, any ideas why they say this?

mind the gap
25-03-2010, 20:10 PM
Thanks, this is what I thought, however, ARLA state that it would be invalid, any ideas why they say this?
Because they are letting agents?

Preston
25-03-2010, 20:13 PM
It may help if explain why you are asking and give a little more background.

For example, have the tenants taken possession?

Or is the issue that they have not yet moved in and one or other party is claiming that there is no agreement?

If the latter, was there agreement (albeit omitted from the written document) on the tenancy start date?

sjc123
25-03-2010, 20:31 PM
It may help if explain why you are asking and give a little more background.

For example, have the tenants taken possession?

Or is the issue that they have not yet moved in and one or other party is claiming that there is no agreement?

If the latter, was there agreement (albeit omitted from the written document) on the tenancy start date?

Ok yes fair enough, situation is this, I have agreed to sell my letting agency, due dilligence is taking place and during this it has been noted by the purchaser that none of my 300+ managed properties have on their tenancy agreements the date the agreement were signed by the tenants. What is being claimed is that becuase of this, all these tenancy agreements can be deemed invalid which means that the tenancies would revert to assured tenancies meaning that my agency is a high litigation risk.

I have searched this forum high and low and I can find some people claiming it is invalid if not dated the date it was signed but then others saying that as an ast can be done orally, date of signature is not essential.

mind the gap
25-03-2010, 20:35 PM
Since these tenants have all presumably moved into the properties, the tenancies have been created anyway. There is no risk of anyone claiming that they do not exist; the date the contracts were signed is irrelevant.

Trust Lawcruncher. He knows!

Preston
25-03-2010, 20:46 PM
Ok yes fair enough, situation is this, I have agreed to sell my letting agency, due dilligence is taking place and during this it has been noted by the purchaser that none of my 300+ managed properties have on their tenancy agreements the date the agreement were signed by the tenants. What is being claimed is that becuase of this, all these tenancy agreements can be deemed invalid which means that the tenancies would revert to assured tenancies meaning that my agency is a high litigation risk.

I have searched this forum high and low and I can find some people claiming it is invalid if not dated the date it was signed but then others saying that as an ast can be done orally, date of signature is not essential.

Wow, I didn't expect that answer.

Well, what you are being told is clearly nonsense. Is someone, by chance, trying to knock the price down?

sjc123
25-03-2010, 20:56 PM
Wow, I didn't expect that answer.

Well, what you are being told is clearly nonsense. Is someone, by chance, trying to knock the price down?

lol yes, how did you guess, I knew something wasn't right but you know, some people can make you start doubting yourself eh.