Ask an Property Solicitor. Get an Answer ASAP.
My estate agent says the tenant has signed as well, but I havent seen a copy.
Hello - are you able to help me??
Have you signed a copy? (Sorry I was just in Court)
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.
What constitues executing an assured shorthold tenancy agreement??
Did you know tenant would be signing it?
I assume so otherwise you would not have signed it yourself?
I assumed the tenant would be signing.
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.
Its bad news I am afraid. You signed the agreement, the tenant signed the agreement -this means it is binding.
If you pull out now the tenant could sue you for breach of contract.
That means they would be able to sue you for any additional letting fees and the difference in higher rent for an alternative property.
Once both parties have signed, it is binding,
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.
You can terminate, you are legally bound for breach of contract
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
Can I clarify anything for you about this today please?
Surely they cannot execute without consent?
They do not need your express consent - they act as agent for you.
If you did not want them to execute sadly you should not have signed it
They act as agent for you - they do things for you. So unless you gave them instructions not to execute sadly they can
Can I clarify anything else for you?