We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

No contract with LA

Skag
Skag Posts: 480 Forumite
Part of the Furniture 100 Posts
in House buying, renting & selling
I am letting a property for 4 years now and a property for 2 years. When they sent me the contracts at the begging of the tenancy I didn't sign them, however they started managing the property etc. I believe it is "assumed" that we have a contract. They did send me a contract but my name is only printed in a word document, no signature. For some reason the LA didn't chase this.

The LA has been managing the property and sending me the payments since September. They also have a contract with the tenants till next year.

Now, for other reasons I want to leave the LA (in the middle of the tenancy). The tenancy (which I haven't signed) states in case I leave I have to pay 6-months commission. I think since there is no singed contract I wouldn't be eligible for that. What do you think? Does this hold?
«13

Comments

  • anselld
    anselld Posts: 8,678 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 November 2014 at 10:41PM
    You have demonstrated by your actions for some considerable time that a contract is in place. The fact that you have not actually signed does not invalidate the contract.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do have a contract with the LA. Contracts don't have to be signed, or even in writing.

    What do you think are the terms of your contract with the LA, if not the ones which they sent to you at the beginning?
  • Skag
    Skag Posts: 480 Forumite
    Part of the Furniture 100 Posts
    davidmcn wrote: »
    You do have a contract with the LA. Contracts don't have to be signed, or even in writing.
    Why are contracts for then? Why a signature is required to validate a contract?
  • Skag
    Skag Posts: 480 Forumite
    Part of the Furniture 100 Posts
    So in case I want to leave them, what signed evidence do they have that I actually agree with the T&C ?
  • Bluebirdman_of_Alcathays
    Bluebirdman_of_Alcathays Posts: 2,859 Forumite
    Skag wrote: »
    Why are contracts for then? Why a signature is required to validate a contract?

    A signature isn't required.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Skag wrote: »
    So in case I want to leave them, what signed evidence do they have that I actually agree with the T&C ?

    You've allowed the Agent to manage the property therefore by inference and action. You have accepted the terms and conditions of the contract offered at the outset. Something you'll find very difficult to argue against in front of a judge.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Skag wrote: »
    what signed evidence do they have that I actually agree with the T&C ?

    Obviously, none, because you haven't signed anything. But they don't need a signature.
  • Skag
    Skag Posts: 480 Forumite
    Part of the Furniture 100 Posts
    Bluebirdman_of_Alcathays wrote: »
    A signature isn't required.

    So in that sense I can just go ahead and create a contract with anybody's name for any reason.
  • Skag
    Skag Posts: 480 Forumite
    Part of the Furniture 100 Posts
    davidmcn wrote: »
    Obviously, none, because you haven't signed anything. But they don't need a signature.

    So they are controlling my house without my singed consent.
  • Argghhh
    Argghhh Posts: 352 Forumite
    yes because if you hadnt wanted this. they wouldnt have keys nor would you have allowed it to happen in the 1st place

    its coffin nailed shut
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture