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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My son has a flat with three other students. He does not have

Customer Question

My son has a flat with three other students. He does not have a copy of his tenancy agreement so we asked the letting agent for one. Instead of sending one they have sent him a letter saying that not all of the tenants have signed and could they all arrange to go in to sign. Could you advise? Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
HI

Thanks for your question.

Once the tenancy has been signed there is no requirement for the landlord to provide your son with a copy of the tenancy, there is actually no requirement for a tenancy to be in writing and this is partly the reason why there is no statutory right to request a copy of the written tenancy agreement.

If not all of the tenants have signed the tenancy agreement then the express terms of tenancy agreement might not apply to them and they would only be bound by the orally agreed terms that were discussed between them and the agent.

In the circumstances, I would say to the agent that your son's flatmates will attend to sign the tenancy agreement but first they require to see a copy of the tenancy agreement and cannot be expected to sign a tenancy agreement for which they have not had sight. The agency should then provide the tenancy agreement and don't take no for an answer because they will desperately want them to sign it.


Kind regards
Tom
Customer: replied 2 years ago.
That's great many thanks. Does it matter that they are nearly 9 months in? What sort of express terms would apply? Also there may have been a break clause in there which they would have no notice of would there be any implications of that?

Many thanks
Expert:  Thomas replied 2 years ago.
Hi,

If the tenancy agreement is not signed then most likely none of the express terms are binding and only the implied terms (ie. repair of installations, habitability etc) apply on the landlord and the rent/term apply to your son his flat mates.

If the break clause was not orally agreed before they took occupation and is only contained in the written tennacy agreement then it's probably not binding.

Tom
Customer: replied 2 years ago.
Brill thanks. One final thing for now... What would be the implications were they not to sign?
Expert:  Thomas replied 2 years ago.
Hi,

Nothing really. They woudl only be bound by the implied statutory terms. It might anger the landlord and make them less likely to give them a renewal tenancy though.

Tom
Customer: replied 2 years ago.
Fab thanks. Would it have any implications on the end date of the tenancy? Could either side end early for example?
Expert:  Thomas replied 2 years ago.
Hi

The fixed term would be as agreed orally. If there was any uncertainty then the fact that your son son signed a tenancy agrement with a specific fixed term would indicate that the intention was for the fixed term to be as specified in the written tenancy agreement, even if the rest of it is not binding.

If there was no agreed fixed term then it would be a statutory periodic tenancy, which means that your son and his flatmates would have to give one months notice (if they paid their rent monthly) with such notice to expire at the end of a rent period.

You will agree that I have answered your original question now.

Kind regards,

TOm
Expert:  Thomas replied 2 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom
Customer: replied 2 years ago.


I took your advice and have received today the following response...


 


We cannot send a copy of the contract out to the tenants as it would be incomplete, the tenants will have an opportunity to read through the contract before any signing is done, please can you let us know a date that the tenants will be attending the office.


 


I have replied saying that I did not say any reason why the contract should be incomplete as surely it would only be missing signatures? And also that a read through just prior to signing was not really acceptable.


 


Thanks

Expert:  Thomas replied 2 years ago.
Yes, that's a perfectly advisable way to act.

They cannot be expected to sign something that they have not had ample time to review. State this to them and indicate that 5 mins at their offices is not ample time.

You have not rated my original answer. Please do so.

Tom
Expert:  Thomas replied 2 years ago.
Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

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