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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have signed an assured shorthold tenancy agreement to let

Resolved Question:

I have signed an assured shorthold tenancy agreement to let my property.
The tenant has not moved in, has only paid a £500 holding deposit, the assured shorthold tenancy document has not been dated but does show the term of the tenancy (which is some days away).
My estate agent advises that they have 'executed' the document and I am now legally bound.
Can I terminate this agreement
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you both signed the agreement please?
Customer:

My estate agent says the tenant has signed as well, but I havent seen a copy.

Customer:

Hello - are you able to help me??

Alex Watts :

Have you signed a copy? (Sorry I was just in Court)

Customer:

I have signed a copy. The estate agent (Hamptons International Teddington) have informed me that they have executed the contract. Can they execute a contract without my consent? I have seen no copy of the contract supposedly signed by the incoming tenant.

Customer:

What constitues executing an assured shorthold tenancy agreement??

Alex Watts :

Did you know tenant would be signing it?

Alex Watts :

I assume so otherwise you would not have signed it yourself?

Customer:

I assumed the tenant would be signing.

Customer:

I now have a much better offer for the rental property and would like to terminate this agreement to allow the better offer to proceed. The estate agent tells me I can do this but may be open to a small claims action by the incoming tenant for expenses like accomodation whilst they find alternative and cancellation of removal company etc.

Alex Watts :

Its bad news I am afraid. You signed the agreement, the tenant signed the agreement -this means it is binding.

Alex Watts :

If you pull out now the tenant could sue you for breach of contract.

Alex Watts :

That means they would be able to sue you for any additional letting fees and the difference in higher rent for an alternative property.

Alex Watts :

Once both parties have signed, it is binding,

Alex Watts :

The agent acts on your behalf - as agent. If you did not want them to execute the agreement sadly you should have told them not to allow the tenant to sign.

Alex Watts :

You can terminate, you are legally bound for breach of contract

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Surely they cannot execute without consent?

Alex Watts :

They do not need your express consent - they act as agent for you.

Alex Watts :

If you did not want them to execute sadly you should not have signed it

Alex Watts :

They act as agent for you - they do things for you. So unless you gave them instructions not to execute sadly they can

Alex Watts :

Can I clarify anything else for you?

Ash and other Property Law Specialists are ready to help you

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