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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We intended to move in a flat in three weeks. Three weeks

Resolved Question:

Hello,
We intended to move in a flat in three weeks. Three weeks ago we payed a week's holding deposit and agents fees. We signed the assured tenancy agreement two days ago and sent it via email to the settings agent. Today we had a second viewing and realised that the house does not fulfill our needs so we need to withdraw our offer and cancel the contract. We just sent a formal request via email to the letting agent to void the contract POINTING OUT that we have not yet received the landlord's copy signed by him - the letting agent told us the had sent the contract to the landlord for signature.
The Assured Tenancy Agreement (AST) did NOT include a part that said that this AST becomes legally binding when all parties have signed and dated it
So, when does an AST become legally binding?
Are we liable for any rent or anything else to the landlord although we have NOT yet moved in and we we have NOT yet received a copy of the AST with signatures from all parties?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Please find attached out AST. This one is without our signatures because the one with our signatures is too big to attach
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ash replied 1 year ago.

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

You want to know if you or the landlord can pull out when it has not been signed?

Alex

Customer: replied 1 year ago.
Hello, I am new to this, I have paid already and I m not sure if I will be charged extra for the phone call?As seen from above, I need to know if I am liable if I have signed the contract and sent it to the letting agent but have not received the contract signed from the landlord.
Expert:  Ash replied 1 year ago.

You are only liable if the landlord has signed it.

You can cancel if the landlord has not signed it.

If the landlord has signed it you are bound.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
Hi Alex,Thanks for your response.We have not received the signed copy from the agent/landlord.There is no way to find out if the landlord has really signed the contract already though.Can we assume that we are not legally bound and the contract can be voided because we have not received the signed by the landlord copy?
Expert:  Ash replied 1 year ago.

Yes you can assume.

Does that clairfy? Alex

Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
Sure.Thanks for your response, this is quite reassuring.Before finishing the conversation though, I'd like to ask if there is a legal document or law/clause that I can refer to that your response above is based on?That wouls make your advice extremely helpful.
Expert:  Ash replied 1 year ago.

It's contract law. It's common law so not down in writing, but considered under common law principles.

Does that clairfy? Alex

Customer: replied 1 year ago.
it's clarified, however it sounds a bit odd to not have this legal piece not in writing.The last thing I want to ask is:Is the letting agent entitled to keep my one week's worth of holding deposit even if tenancy agreement is voided and we don't move in the flat?I guess he may be entitled to keep the agent fees if this is somehow in his implied terms and conditions but I don't think that keeping the deposit as well is justified?
Expert:  Ash replied 1 year ago.

Common law means there are no Acts of Parliament. You can google search contract law and read for yourself.

That's why, like when you are selling a house it's always subject to contract (being signed).

Yes he would be entitled to keep agent fees but not the deposit.

Does that clairfy? Alex

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