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propertylawyer
propertylawyer, Solicitor
Category: Law
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Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have an assured shorthold tenancy with three tenants. One

Customer Question

I have an assured shorthold tenancy with three tenants. One tenant wishes to leave and has found a replacement and I have no reason to believe the other tenants will object. However one of the tenants is abroad for an extended time and will be hard to get them to sign any document in a timely manner. Previously when swapping tenants we have all signed an "addendum" to the tenancy. Do I need the physical signature of the absent tenant? Can I instead get their agreement by email or phone? The third tenant and lead tenant is a trusted friend of theirs - could they sign on their behalf or would setting this up be just as difficult as arranging signature of the document?
Many thanks!
Submitted: 9 months ago.
Category: Law
Expert:  propertylawyer replied 9 months ago.

Hi there

I think to make this binding and avoid issues further down the line you should get the tenant's signature.

My recommended route is to go for a new tenancy agreement with the new tenants. Although, you could proceed by way of addendum but I would be concerned as to whether this is binding on the parties.

Can you email a signature page of the addendum (or signature page of the new Ast if you go down that route), the tenant can print, sign and return. Once you receive the signed page back from the tenant you can complete.

Do you have further questions or queries?

Kind regards

Paul

Customer: replied 9 months ago.
I had considered emailing the document and getting them to post it back but don't know if it will be possible ins sufficiently timely manner (things move very fast in London rental market). Would you say that a digital signature somewhere like this https://www.signable.co.uk would also be acceptable?
Expert:  propertylawyer replied 9 months ago.

It must be posted.

You can send a duplicate for the landlord to sign and return the duplicate as an acknowledgement of receipt.

The recorded delivery receipt will also evidence posting, provided that they accept delivery. That is why it will be best to post early.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Law Specialists are ready to help you
Customer: replied 9 months ago.
I just realised I perhaps wasn't clear in my question that I am the landlord, not one of the tenants in case this makes a difference. The tenant travelling abroad is in south America and travelling from place to place, so posting to them is looking less feasible. I think digital signing may be the only viable route. We used this initially when first renting the property (through online agents OpenRent) and were assured it was all legally acceptable. I think a new tenancy agreement will be fine with all concerned.
Expert:  propertylawyer replied 9 months ago.

Hi

If you are happy to proceed with online signing then that may be satisfactory and easiest method. I still think a new tenancy agreement would be best. Much better from your perspective as landlord. At least you know with certainty all tenants are on the hook liability wise.

Kind regards.

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