No contract with LA

Guest101

Skag wrote: »

No, I've told them the complete story and then mentioned about the contract (that it's not signed). I even mentioned the comments from this thread such as "I've given them the authority to manage the property". They said if you haven't signed the contract then there is no contract and you are not liable for its clauses.

I do apologise, they're just ignorant of contract law in that case.

jjlandlord

Skag wrote: »

They said if you haven't signed the contract then there is no contract and you are not liable for its clauses.

That's clearly incorrect.
You approached them, they sent you their terms of business, you hired them, and then has been working for you ever since.

By your logic why are you even paying them?

From all the discussions I've read on many different specialised forums and MSE, my conclusion is that the advice given by the phone help lines of the landlord associations is, sadly, very much hit or miss.

Skag

Because I think they assumed as I've been using them the last 3 years that I will be using them this year too (as I have) and that no problems will occur etc. Like: "sign the agreement by the way....oh you haven't signed, no problem, business as usual".

jjlandlord wrote: »

From all the discussions I've read on many different specialised forums and MSE, my conclusion is that the advice given by the phone help lines of the landlord associations is, sadly, very much hit or miss.

Good to know...

Annie1960

Skag wrote: »

So they are controlling my house without my singed consent.

They don't need your signed consent. The do have your behavioural consent, as you have behaved as though you have a contract with them. You have agreed to the contract by your behaviour. Signatures are not always needed.

G_M

Skag wrote: »

I spoke with NLA (National Landlords Association) and mentioned what it's been said in the thread i.e. that it's implied that they are my managing agent and that the contract terms are implied, more specifically the "end of contract" closure where the LL pays 6 months rent if he decided to end the contact.
They replied that this is most certainly not true.

Someone is right and someone is wrong, who though? I think that NLA are experts on this (otherwise they wouldn't be there in the first place?)

It's interesting that the advice from the many posters here seems to be unanimous (and let's be honest - that is unusual on the forum!).

But you're right, "Someone is right and someone is wrong." At the end of the day it is up to you to decide who.

Please let us know what you decide, what you do, and what the outcome is.

oldbaldman

Skag - Aside from the issue that you are trying to get out of your legally binding contract with the LA, have you fulfilled your other duties and obligations involved in being a LL?

In case you are not aware contracts can be purely verbal, as well as written, if verbal nothing to be signed, although unusual they do happen.

What do the terms and conditions in your contract say about the signing off away from the LA? There may be something in it that may give you an opt out if the contract has not been drawn up correctly? And, considering how sloppy the LA has been over getting the paperwork signed and documentation completed who knows what other issue they may have got wrong?

obm