Termination of Tenancy

Andy1984

Hi, first time poster here.

Basically I'm a joint tennant in a rented house. There are three of us currently renting through an agency. We basically rushed through the applications, we paid a holding fee and because the house is in a city one of us were currently living in the agency agreed to allow us to sign all the agreements etc and scan and fax them to the office, on condition the originals would be brought in for exchange for the keys. We all three went into the office on separate occassions to get individual keys, when I went in they gave me the keys in exchange for the standing order form however never asked for the signed original tenancy agreement. This form has been sent to their address however it doesn't seem to have arrived so they wish for me to signed on one of the other originals they have.
Story now gets better...
I want to move out of the property, issues with the other tenants etc, I basically have a few questions to do with this:

1) Is the fact they only have my signiture of a copy of the original agreement a problem?
2) If I sign a genuine copy are there issues with having my name on two original legally binding contracts?
3) How do I go about moving out? They had a clause that the 12month contract could be ended at 6months if at 4months we notify the agency, however I expct the other two tennants wish to stay. There is also a £100 admin fee to remove a name from a contract. But does the fact they only have a scanned copy of my agreement affect anything at all?

Thanks for any replies!

DVardysShadow

What you agreed is what you agreed. I think that many here will spend time to help people get what is theirs by right. But you might find people are less keen to spend their time helping people wriggle out of things on technicalities. There are many instances of people being cheated by Landlords and there are Landlords here who help. If you are willing to reform your request and leave out the request for wriggling out based on a scanned agreement, it will be easier to see that you are not intent on cheating your Landlord and you are likely to get more help.

Andy1984

Thanks for the reply.

Well my main issue is that I don't want to sign two copies of the tenancy. I signed one and faxed to their office. The original was then sent in the post, I collected my keys, they then tell me that they do not have an original tenancy agreement signed and want me to sign another. I don't feel comfortable signing a second and then they having two tenancy agreements with my signiture on them (assuming the original original turns up!). I was wondering whether the contract is void if they lack the original and hence is why they are so desperate for me to come in and sign a second original.

Then my second question is separate, how do I go about terminating my contract. I'm not trying to diddle my landlord or agency, I'm merely concerned about signing two original documents and then concerned how I leave a property when I do not get on with the tenants.

clutton_2

if you sign a second one and put alongside your signature "signed as a copy of the original agreement as per instructions of the letting agent" - that would tell any judge what had happened

a LL will have to find another tenant to replace you. By law you have signed to pay for the full term. IF the landlord agrees to release you early, you are legally obliged to help him find a new tenant and for you to pay for his tenant-finding costs - or the rent until such time as a new tenant is found who is acceptable to the LL

DVardysShadow

Andy1984 wrote: »

... Well my main issue is that I don't want to sign two copies of the tenancy. I signed one and faxed to their office. The original was then sent in the post, I collected my keys, they then tell me that they do not have an original tenancy agreement signed and want me to sign another. I don't feel comfortable signing a second and then they having two tenancy agreements with my signiture on them (assuming the original original turns up!). I was wondering whether the contract is void if they lack the original and hence is why they are so desperate for me to come in and sign a second original.

Just sign another and annotate it "Duplicate contract, original lost"

Then my second question is separate, how do I go about terminating my contract. I'm not trying to diddle my landlord or agency, I'm merely concerned about signing two original documents and then concerned how I leave a property when I do not get on with the tenants.

Just give your notice at 4 months. The opinion on here is that with the tenancy being a Joint and Several agreement, it is sufficient for one tenant to give notice - obviously you should let the others know. Of course you need to check this out.

The other tenants' best course is to accept your notice and to start a new contract with the LL. The fee for Change of names should not apply, that seems more appropriate to change of names while keeping the agreement running.

adg1

Whether they have the original, signed copy of the agreement is neither here nor there. A faxed/emailed copy is sufficient nowadays. Or simply sign a new one and mark it a duplicate copy. Even if you sign 20 copies it would mean nothing - they all agree to the same thing.

You have signed an agreement for 12/6 months with 2 other jointly and severally liable parties. If you go then they will have to continue paying your share, though they can persue you and probably will. If you offer notice, then all tenants (check out the agreement - the front page will state Mr X, Mr Y and Mr Z ("The Tenant") - ie you are all "The Tenant") are assumed to be offering notice.

Find a suitable replacement for yourself and don't try to wriggle out of things on a technicality - you signed a legally binding contract.

DVardysShadow

adg1 wrote: »

...

Find a suitable replacement for yourself and don't try to wriggle out of things on a technicality - you signed a legally binding contract.

Agree. Or give notice in accordance with the agreement and you don't need to find another tenant.