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Question Title: Valid Tenancy
| Question: 91 |
| We recently put a new tenant into a property and the landlord said that he did not agree to the tenancy and wants the tenants out. The tenancy agreement was only signed by the tenant (the landlord has now refused to sign). Is there a valid tenancy or can we ask the occupiers to leave ?
The landlord was informed of the let, and the expected occupation date two weeks prior. A month's deposit and a full month's rent was accepted in advance of handing over the keys. We have a management agreement signed by the client although it contains no express provision that the agent may sign the agreement on behalf of the landlord. |
| Answer: |
| Unless the landlord can prove that you had no authority to let his property on his behalf, then the circumstances indicate that a valid tenancy has been established (rent was accepted for an agreed rent and an agreed term). Although the circumstances do indicate that the landlord has impliedly agreed to the creation of the tenancy by your prior notification, it is important that you take the opportunity to tighten your paperwork and procedures. Your management agreement with your client should be very carefully prepared and made as clear as possible for all parties. Your position would be more watertight if your agreement with the landlord contained the express authority for the agent to 'find suitable tenants' and 'sign the agreement on the landlord's behalf'.
Alternatively, if it is your firm's standard practice that landlords normally sign tenancy agreements, then it is important that systems are put into place so that tenants are not allowed into occupation until the agreement has been signed by both parties. |
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Issue April 1999 |
letting-update-journal.html
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Letting Handbook |
Page 17-4 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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