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If a Landlords Tenant Contract "witnessed" was signed by a

Customer Question

If a Landlords Tenant Contract "witnessed" was signed by a Absent witness is this leagal
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Is this an AST please?
Customer: replied 3 years ago.

FOR JOMO1972 WHAT DOES AST MEAN

Expert:  Jo C. replied 3 years ago.
An assured shorthold tenancy agreement.
Customer: replied 3 years ago.

AST YES, BUT I WAS NOT SHOWN THE MAINT REQUIREMENTS, UNTIL I SIGNED THE CONTRACT, ALSO IT WAS NOT SPOKEN ABOUT. i WAS GIVEN THE CONTRACT WHEN THE AGENT LEFT

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

I am sorry but thats a problem. ASTs are very hard to escape. If you have signed an AST then you will be taken to consent to all of its terms whether you read it or not unfortunately.

Unfortunately the fact of the absent witness makes no difference to the legality of the contract. Actually ASTs don't need to be witnessed at all. They are a contract like any other. There is no need for a contract to be witnessed. The purposes of a witness is to rebut any suggestion of forgery or duress. Since that doesn't really arise here the absent witness is a non issue. The only impact of an absent witness is that if those issues were to arise the witness couldn't comment upon it because he was not there.

If you want to leave early though then the landlord might release you. They do sometimes. If he wil not and you decide that you must leave then you will be acting in breach of contract but the landlord is under a duty to mitigate his loss by seeking a replacement tenant. Usually he will not get forever to achieve that. Generally speaking a landlord can replace within one to two months and you are only liable for that period.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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