Yes this is an AST
The landlord has not signed his side of the contract, however, the renewal conditions were agreed with the managing agent. Only the tenants have signed the contract.
Yes, the tenancy agreement was created by the managing agent.
They have told me by phone that the landlord did ask for it, and I have emails. I spoke to them this morning and they said that they would have not sent out the contract without the landlord knowing about it. So I'm sure this could be obtained.
How would a judge view this?
When you say "try to argue" does that mean unlikely to succeed?
Can you confirm what is required for a contract to me in place and how we meet the legal definition. I think the following:
Intention to make a legally binding agreement - the contracts were issued
Consideration - the contract includes a cash payment for rent
Acceptance - both parties agreed to the terms that are in the contract
Offer - The landlord offered was to renew to the contract and we accepted on his same terms
Can you expand further - are you saying that because it was an AST (that's what the front cover on the contract says) that he did not sign, we do not have a legal argument to stand on?
I'm sorry but your answer isn't coherent and is contradictory
1. You cannot infer a renewal from circumstances
2. because the agents acted upon the landlord's instructions which proves his intention
To me these two point contradict? As you said, you have one cases like this before....how did you get around point 1?
The way you described - is that:
a) Proving the landlord asked for the tenancy agreement to be drawn up and sent out
b) Proving the landlord asked the agents to sign the tenancy on his behalf
I have been asked to look at this foryou. I can confirm that my colleagues answer is correct. However, cannot relyon unsigned contract because clearly, it was intended that the contract besigned in order to make the binding.
At present, you are holding go over onthe original tenancy agreement which has now become periodic. He has to giveyou two months notice. You may want to consider going quiet and letting himserve you a section 21 note. That has to give two months from when it served.If you then decide to sit tight, he has to apply to court for possession and ifyou sit tight even further, he then asked apply to evict you. He is entitled toget the core costs back from you if he gets the order but it could buy you formonths, probably six months.
The tenants could simply sign anagreement and say that is it, there would be no point in having a landlord signat all.
I can see no way, and agree with mycolleague, you can enforce the contract which was always intended to be signed bythe landlord, was not.
I am sure that you would feel exactlythe same if you changed your mind.
You would be arguing that you have no tenancy because the landlord had not signed it.
By all means go to court and if youwin, you will have created new law!
Incidentally, if the agent will supportyou and say that they were acting on landlord's instructions you might have aslim chance of enforcing.
However the landlords are agent's breadand butter so unlikley to do that. But the LL might just have annoyed the agentso it is worth a go