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Did I need a signature?
Vvalentine
Posts: 10 Forumite
Im having a lot of problems with my current landlord, and have recently sent him a letter very clearly asking for the terms of the tenancy agreement. I said in the letter that me and my partner signed it- but im pretty sure that we forgot to!:eek: I was just wondering if anyone thinks that is a huge problem, or if he will still need to send the T.A. terms regardless. I sent it via recorded delivery, and he has received it. Our names are clearly on the letter, and we have sent a previous letter which was very similar, so he will definitely know who it's from.... But if there is no signature does he have to acknowledge it??? He is a pain in the maximus and i am sure he will use any excuse to avoid following his responsibilities.
Thanks.:beer:
Thanks.:beer:
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Comments
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Doesn't matter if you've signed a tenancy agreement or not, it can only give you more rights - you still (by living at the property and paying rent) have the right to certain things. What issues are you having?0
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Did you forget to sign the letter or the tenancy agreement?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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forgot to sign letter asking for T.A. This landlord has been telling my partner's relatives that I have been uncooperative in signing documents- presumably he was talking about the T.A, but hes never asked for my signature before. He is now evicting me, I and believe it is due to me asking about the deposit protection scheme. I sent him a signed letter asking for T.A, and proper eviction notice, and have now sent a more clear letter asking for "the terms of the tenancy", I said in the letter that it would be signed but I forgot to sign it.:(
He is legally obliged to send me the terms of T.A that I requested, I guess i am really asking whether the request will be legally valid without a signature...?0 -
Did you actually sign a tenancy agreement when you moved in? If you didn't then you automatically have an AST and he must follow procedure.
If he wants to evict you he needs to serve a section 21 giving you 2 months notice of the tenancy ending, only after this can he go to court and request that you are evicted.
Has any of this happened?
When did you move in and do you have a receipt for the deposit, first months rent etc?I hated every minute of training, but I said, ''Don't quit. Suffer now and live the rest of your life as a champion.'' Muhammed Ali.0 -
Vvalentine wrote: »forgot to sign letter asking for T.A. This landlord has been telling my partner's relatives that I have been uncooperative in signing documents- presumably he was talking about the T.A, but hes never asked for my signature before. He is now evicting me, I and believe it is due to me asking about the deposit protection scheme. I sent him a signed letter asking for T.A, and proper eviction notice, and have now sent a more clear letter asking for "the terms of the tenancy", I said in the letter that it would be signed but I forgot to sign it.:(
He is legally obliged to send me the terms of T.A that I requested, I guess i am really asking whether the request will be legally valid without a signature...?
What do you mean the landlord is evicting you? Has he simply verbally asked you to leave? Why are you asking for an eviction notice? Why is he discussing your tenancy with your partner's relatives - was this discussion initiated by you or your landlord? Have you been paying your rent regularly and on time?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
My partner signed a T.A. to begin 1st September 09 (this means we were pursuant of contract) but I did not have an opportunity to sign it as she had to return it immediately.
His son lives with us, and he said that was the reason they didnt need to protect the deposit. (probably due to excluded tenancy rules).
We have paid a reduced rent over summer term, requesting reciepts but never receiving them. Never paid a deposit as the landlord refused to accept money when we said we would pay the deposit last time we spoke. After the last time we spoke, he told my partners Grandparents that I was hitting her.
This guy is breaking alot of rules, I am just trying to make sure I don't. He has not given a proper notice, even after asking in writing. Don't think he'd know what a section 21 (or 8) was if it slapped him in the face.
Been to the police about the slander (the accusation of domestic abuse), and they said it was a civil issue as there were no genuine complaints.
As you can tell, ALOT has been going on which shouldn't. My partner just wants to leave this place, but this guy has been slandering me etc. and I will get the courts to punish him and make sure he never has an oppurtunity to harrass a tenant like this again. As such, I am compiling every broken rule I can get, but I have to do it properly. The paperwork is very thin on the ground, because he is a god-awful landlord.
Legislation says that I can request the terms of the T.A. in writing, and he has to reply. Does the request have to have a signature? ( this will push him into actually giving evidence of whether this is a A.S.T. or an excluded tenancy, not both, as he seems to want).
Sorry about the complicatedness....
In reply to the last post, I am afraid that him and his son may forcibly evict us, which is obviously illegal but I don't think that will stop them. A few weeks ago his son came to our door and told us we were to be evicted. I phoned the landlord himself, and he confirmed this. He refused to allow us to pay deposit. He said that we were to be out by end of august. I knew that this was illegal, but am afraid of future harassment, so wish to leave. I requested the written notice of the eviction so he couldn't turn around and say that we left voluntarily. We received a letter saying that he had given us "3 weeks notice" verbally and there was a witness to this (my partners Grandparents- who live 200 miles away from us and 50 miles, at least, from him). It gave us till "the end of August 2009." no proper date, no word of any 'sections'. My partner sent a email to her grandparents to "help", giving them a digital copy of the T.A. We did'nt ask them to phone, but It was them who first contacted the landlord. Since then he has called them instead of us.
We have always paid rent on time.0 -
Are you sure you sure that this man is stated on the agreement as being the landlord? If the landlord is stated as being the son, then what you have is a lodger agreement, not a tenancy (although if you pay the rent to the father and not the son, this might negate that).
Have you spoken to Shelter? They give advice on all sorts of housing issues, not just homelessness.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Just re-read your post...
Vvalentine wrote: »His son lives with us, and he said that was the reason they didnt need to protect the deposit. (probably due to excluded tenancy rules).Never paid a deposit as the landlord refused to accept money when we said we would pay the deposit
Well, if you haven't yet paid a deposit, then there is no deposit to protect, so that's a bit of a red herring at the moment.
I see you are students. Can your Student Housing Officer help?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
I cannot make head nor tail of this - vValentine you really need to set out what has happened in chronological order as your writing style is very difficult to understand.
if the tenancy doesn't begin until 1 September 2009 then why are you already living there?? Why are you dealing with this landlord verbally when you should be putting everything into writing? Why are you asking for an eviction notice, do you want to be evicted? Why are the grandparents involved at all - what help did you partner ask for?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
cant go to shelter, seems that as we are students we wont qualify for legal aid. Might be able to get a loophole in the couple of weeks before student finance.
When I first asked for the T.A, the landlords son gave as a digital copy. It says mr and mrs FD not BD (there son) as landlord. We arguably might be subtenants to the son for the period before september, but I have had a gander at the legislation, and we are clearly in "pursuant of contract", therefore the traditional AST rules still apply (I was so happy to find this, it was very unexpected) when it comes to evicton.
Arggg.... did I need a signature on my written request for the terms of the T.A?
:) 0
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