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If a tenancy agreement has been signed by the tenant but not the landlord ...

5 replies

granolagran · 22/05/2019 10:17

I've name-changed for this.

I'm renting privately and thought I needed to give only a month's notice to end my tenancy. On checking my tenancy agreement I discovered that it's supposed to be 90 days' notice O_o This is likely to cause problems because I'm in the process of buying a house.

However ... my tenancy agreement is signed only by me, not by my landlord. It's a 12-month assured shorthold tenancy agreement. I get on fine with my landlord and what tends to happen is that when the time comes around for the tenancy to be renewed, he asks me if I want to stay, then asks if I'd update the tenancy agreement and send it over. I send it to him with my signature, expecting him to sign too and return a copy to me, but he never does.

Does the fact that the landlord has not signed the tenancy agreement mean that it is invalid? If so, what is the status re me giving notice? I would ask Shelter but they're busy at the moment ...

OP posts:
LIZS · 22/05/2019 10:24

There probably was more than one copy so ll will have signed theirs.

SD1978 · 22/05/2019 10:26

If you've signed and sent it, he will have signed it also I'd assume. Can you talk about a shorter break lease period? Or accept the three months inthe moving costs?

stucknoue · 22/05/2019 10:31

It's normal to have to give 2 months notice at least for a rolling tenancy. I suggest you tell your landlord you are buying and give 90 days notice, if he's good he may be flexible if you need to extend, we did by a month

JustAnotherLawyer · 22/05/2019 10:33

You're bound by the terms of the tenancy agreement.

You said that your landlord asks you to sign it, you do and return it to him, therefore you are both bound by what it contains. Can you imagine if the LL wanted to rely on your claim that he did not sign it and it was him saying that he wants you out before the end of your term?

Sounds like you have a good relationship with him though, so try negotiating.

granolagran · 22/05/2019 14:41

Thank you all! Good points made here. I have taken the plunge and just given 90 days' notice to quit. Hopefully nothing will go wrong with the house purchase ...

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