Valid signature on Tenancy Agreement

Bluecat1

Hi. Does an initial at the bottom of each page of a Tenancy Agreement constitute a legal Tenant's signature?

G_M

Where there are multiple pages it can be wise o get each party to initial each page (to ensure no one removes a page a substitutes another with different terms).

But full sgnatures of all parties should appear (usually) on the final page.

Bluecat1

Hi G_M

Many thanks for your answer - is there any chance you can point me in the direction of some formal proof of this? My daughter (Gullible Uni student) has an HMO rental agreement which I think is not valid. Thanks, again.

G_M

Nope.

There is no 'proof' other than around 500 years of contract law.

You'd need to undertake a 3 year degree course in law and study several hundred examples of rulings by higher courts in cases where the signatures on contracts were in dispute.

What do you mean 'not valid'?
Has your daughter moved into the property or just signed a contract preparatory to the start of a tenancy?
Has she paid any rent? Got a receipt or proof of payment (eg bank transfer)?

dimbo61

HMO rental agreement or " Joint tenancy agreement" with other students?
What is wrong ?
Are you a guarantor ?

princeofpounds

A formal signature in the right place is not necessary to form a contract. What matters (amongst other things) is an intention to contract. This can be evidenced by a signature, but also verbally, or even through actions (for example paying rent implies there is a contract of some kind, and if both parties viewed the same terms on paper a court would probably assume it outlined the contract even if the full signature was missing).

Having said that, there may be other ways to help so if you elaborate on the problem we might be able to suggest something.

Bluecat1

The situation is that my student daughter and 5 others have signed a joint tenancy agreement and are to move in on 1/7/14
They've all initialed each page of the agreement but none have signed where it says "signed by the tenant(s)" They've all paid a deposit.
2 (maybe 3) of the parents, inc me, have fully signed up as guarantors the other parents haven't supplied all the info required info.
3 students now say they don't want to live there and think that they can just walk away.
I'm concerned as the agents have implied that I could be liable for the whole rent not just my daughters.
I'm hoping that we can convince the agents that the agreement is not valid as it's not "signed"
I had not been sent a copy of the agreement until I asked for one this week

G_M

OK. Now we have some facts, so can comment.

1) Normally a guarantor is liable for all debts/damage relating to the tenancy - those debts are not sub-divided between joint tenants

2) However, You are off the hook, since you signed up as guarantor before seeing the agreement. Therefore you could not have known what you were guaranteeing. The Guarantee agreement is therefore invalid. As a further check
* was your signature witnessed, and did the witness also sign the agreement?
* was the guarantee agreement 'Executed as a Deed'?

3) However, I suspect your daughter (and indeed each of the other 5) remain liable for the full rent, both individually and jointly. However, if all 6 of them want out, then you (they) could certainly use the lack of signatures as a bargaining point. How a court would rule, if it got that far, I don't know, but it is rare some compromise cannot be reached before a court got involved.

Options:
4) Find 2 (3) new housemates and get a new agreement signed with the 6 new names - the LL/agent should not object hopefully (though may ask for fees from the new joint tenants.)

You mentioned a 'deposit'. What kind? Security deposit against damage? Or holding deposit to reserve the property? If the former it should be returned. If the latter, the 2 (3) absconding tenants will likely lose it.

5) Convince the LL/agent to tear the contract up. Daughter and others will find accomodation elsewhere. See comment about deposit above. sdditionall some extra 'incentive' may be helpful as I anticipate the LL will claim their initials are enough to bind them.

Bluecat1

Thanks so much for your help.

My daughter is seeing a solicitor at a Leeds Student Housing charity on Wednesday and is meeting the Agents tomorrow. It appears that the LL is another part of the Agents.

The guarantor form was witnessed. It was sent to me by post by my daughter. Only her name is on it in the Tenant space. She has not been given a copy of the tenancy agreement although she can see it on the Agents website.

Maybe there'll be news from the Agent tomorrow

jjlandlord

At the moment there is a simple contract, not a tenancy.

It means that the landlord is obliged to mitigate his loss should should your daughter and the other future tenants breach that contract.

However, if any of them move in then a tenancy will be created and the rent for the whole term will be due should the landlord decide not to let them terminate that tenancy early, but I'm unclear as to whether they would all be joint-tenants in such scenario (they probably would I guess).

G_M

jjlandlord wrote: »

.... but I'm unclear as to whether they would all be joint-tenants in such scenario (they probably would I guess).

I believe they would.

After all, students often return to uni at varying times. If 6 sign a contract, and then move in in ones & twos over a week or so, I don't see how the tenancy cannot be a joint tenancy from Day 1.

But then that is a common sense view, rather than a legal one.