Help - Girlfriend signed tennancy agreement in error!

92203

Hello,
My OH has been looking at house shares and found one which they didn't like (and for some reason signed the tenancy agreement and some other documentation). They had a few looks around and told the landlord that they needed more time to think about it. He handed them back and said to get in touch if they wanted it. It appears that he has only handed back the referencing form and not the tenancy agreement.

I may be jumping the gun here, but as I'm aware, there is no cooling off period for such a contract and that my friend is legally bound to pay rent for the six months. As the LL is in possession of the form, he is presumably able to enforce the tenancy.

Is there anything we can do in terms of damage limitation. What would be the best course of action (other than contacting the LL, which we will do)? How will we know whether the LL is going to enforce the contract or not (other than going by his word).

Thanks

92203

TDPIX

I have to ask...

How do you sign a legally binding contract by mistake?

92203

TDPIX wrote: »

I have to ask...

How do you sign a legally binding contract by mistake?

My sentiments exactly!!

Thrugelmir

Ooops......... expensive mistake potentially.

lawriejones1

Landlords are people, people make mistakes. As long as he or she doesn't incurr any costs or take it off the market then a gentle word and an apology should be ok. Now, if he's going to be an idiot, that's another story...!

Thrugelmir

lawriejones1 wrote: »

Landlords are people, people make mistakes. As long as he or she doesn't incurr any costs or take it off the market then a gentle word and an apology should be ok. Now, if he's going to be an idiot, that's another story...!

OP doesn't appear to have informed anyone yet. Priority was to seek advice.

Guest101

Well she needs to have a signed copy too, proving that she never got one may be tough though

Annisele

Has the referencing form been completed yet?

If not, is the whole affair subject to references - i.e. landlord hasn't yet agreed to let the place to your friend?

G_M

Guest101 wrote: »

Well she needs to have a signed copy too, proving that she never got one may be tough though

Sorry, no.

If the LL now signs the copy that the tenant has signed, there will be a dual-signed tenancy agreement which is legally enforcible.

Has the referencing form been completed yet?

If not, is the whole affair subject to references - i.e. landlord hasn't yet agreed to let the place to your friend?

Again, whether references are required is a matter for the LL. If he chooses not to take up references, for example, and counter-signs the TA, a legally binding agreement will be in place.

however, as lawriejones says, most LLs would be reasonable, so the thing to do is contact him asap & explain.

If he has incurred costs (eg by turning down other potential tenants, cancelling advertising etc) he could reasonably ask you to cover those costs, an most LLs would do so.