not sure, probably not as soon after she signed the agent said a new one had to be drafted to incorporate some changes.
she signed a docusign tenancy agreement over the internet/email. she never got a hardcopy of it as like i said the agent then said a new agreement needed to be drafted. Apparently the landlord name on the original agreement was different on the new tenancy agreement. looks like originally it was a man and then a woman's name.
when she told them she had not signed the revised version they replied that it did not matter as she had signed the original one.
i imagine that if the landlord had not signed the original or new tenancy agreement by sunday which is when she told the agent she no longer wanted the house the first thing they did on monday was to ask the landlord to sign it!!
btw this is a UK property in london.
so to recap last wednesday she signed a contract via docusign and on thursday they sent her a new one via docusign which she has not signed. So you are saying that because she did not sign the new contract she is not bound? regardless of wether the landlord signed it or not? and that they should refund her 5k deposit?
sounds great but accordinng to them she is bound
ok so what should she tell them in a sentence?
so are you saying that the fact that they sent her a new contract nullifies the one she signed and that the landlord may have signed?
btw, they have only told her she is bound over the phone nothing in writing. Apparently they will send her an email detailing all the rights they have to charge her and that if she does not occupy she is still bound without occupation.
thanks, ***** ***** told her to go to the agent and ask to see the original tenancy agreement to check if the landlord signed it as if he didn't she would not be bound by it. If he did then i told her to argue that the revised contract containing new clauses about the dog which she has not signed invalidate the first one.
Great. Can I clarify anything else for you?
They can't add a new LAndlord.
If its a new contract then its a new contract and she simply can not be bound.
They are not lawyers, they are wrong
Does that help?
Unless the original contract allows for amendments then they can NOT
Its a matter of contract law
Yes I would certainly do that. No amendments can be made unless the contract allows for that provision
One owner can sign, that is fine
Can I clarify anything else for you?
if not might I ask you to rate my answer so that I am credited for my time.
Thank you. The latest is that they need to consult their legal team and will get back to her next week! this btw is one of the largest estate agents in the country.
Ok - well see what they say.
If I could ask you to rate my answer so I am credited for my time I would be grateful.
apparently the landlord wants to pursue this and will be seeking legal advice. Is there anything you can think of that could bind my sister to this tenancy agreement?
My worry is that the move in date was last week end and that they are trying to delay things as much as possible now but at the same time making her liable for the rent and of course they hold her 6 weeks deposit.
In your opinion and based on what i have told you do you believe it is worth it to hire a solicitor in order to highlight the reasons why my sister is not bound to the contract any more? further more will it be a straight forward case for the lawyer?