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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent my property through a letting agent and had a

Resolved Question:

I rent my property through a letting agent and had a standard tenancy agreement in place. When new tenants moved in the agent agreed to special conditions being added which allowed the tenant to pay 6 months upfront and get a refund if they left early. The agent claims to have sent the new agreement for my signature but I did not receive it and I was therefore unaware of these conditions and did not consent to them. The agent made no attempt to contact me during the tenancy to find out why it had not been signed. I only found out about the special conditions after the tenant left and they were claiming a refund. As I did not sign the agreement can the tenant claim a refund or should the standard agreement which stipulates a minimum term of 6 months apply.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did anyone sign on behalf of the landlord ie the agent? It os am AsT?

Customer: replied 1 year ago.
It was not signed on my behalf and is AST agreement.
Expert:  Ash replied 1 year ago.

Then you are not liable. This is because it has not been signed by you and therefore you are not bound. It is an AsT so has to be a 6 month contract.

But you are not liable. Does that clarify? Alex

Customer: replied 1 year ago.
By accepting 6 months rent does this infer any acceptance of the special conditions or just the standard tenancy agreement.
Expert:  Ash replied 1 year ago.

No, just the standard agreement.

Does that clarify?
Alex

Customer: replied 1 year ago.
As the tenants pay the letting agent who deducts a fee and vat before paying myself, should any claim be directed at the agent or myself.
Expert:  Ash replied 1 year ago.

You. They act simply as agents. Does that clarify? Alex

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