Can a rental contract be legally binding if not signed (Scotland)

ryouga

Agreed to terms online now is struggling to get housing benefit because council says it needs to be signed by LL or their agent and the person taking the tenancy.

They claim its not legally binding(when I have also heard verbal contracts can be binding)

Voyager2002

Surely you can get some kind of signature put on it. Yes, it probably is legally binding, but when you are claiming benefit it is in your interest to make everything as straightforward as possible. Arguing with the council will not help you, even if you are in the right.

Pixie5740

I recommend you contact Shelter Scotland for clarification. In Scotland if your landlord doesn't give you a written tenancy agreement, you still have legal rights as a tenant. You may have an assured tenancy, based on the behaviour of both yourself and your landlord, for example paying and receiving rent. It sounds as though you haven't started paying rent though so it's very possible that until the tenancy agreement is signed no contract exists.

That said, if the council wants a signed tenancy agreement before granting HB then get them a signed tenancy agreement.

davidmcn

As above - whether it's a legal tenancy or not is different from whatever procedures the housing benefit people have, and I can understand them being unwilling to accept the rental figure without anything in writing. Has the tenancy actually started yet?

G_M

So let's se. I agree a rental figure of £60 pw with a landlord. Then I knock together a contract, unsigned, showing a figure of £80 pw for the council.

Yoohoo!

jjlandlord

In all cases one can create a fake tenancy agreement, whether they already have one signed by the landlord or not.

The council should be able to accept a letter from your landlord confirming the rent.

theartfullodger

The Requirements of Writing (Scotland) Act 1995
http://www.legislation.gov.uk/ukpga/1995/7/contents
means a tenancy in Scotland must be in writing:

But if it isn't it is (depending on evidence - eg rent paid same amount for 6 months in a row & clear evidence such as council tax account that tenant moved in..) tenancy still valid.

As nothing in writing then no proof AT5 signed so AT not SaT so tenant almost impossible to evict of rent paid in full on time

A council requiring conformation in writing sounds fair: I assume landlord is a tax-cheating scr*at of a bampot & should be shot...

Talk with Mssrs Shelter from 9:00am Monday & check...