Landlord Forged my Signature on Tenancy agreement!!

Justnat2706

Hi everyone, I’d just like some opinions on something please?
I began renting a property with a private landlord in Nov 2015 with my then Partner. We both signed the tenancy agreement in front of a witness etc .The following may myself and said partner separated and he moved out. I contacted the landlady to inform her that he no longer lived at the address and we had a conversation as to wether I could afford to still rent the property on my own, I agreed and stayed at the property, I have only ever signed one tenancy agreement when I moved in but I have since then had to move out and she obtained a possession order, to do this she had to pass on the tenancy agreement to the courts, upon looking at the agreement I noticed that the date on the front had been tippex’d out and a new date wrote in its place and at the back my Name and also my ex partners name both with our initials signed under them which neither of us had signed (she had written the initials) First of all the landlady had been informed of my ex partner moving out 2 years ago and secondly neither I nor my ex partner had signed this newly dated tenancy agreement. I fell behind with my rent and was given a possession order and a county court judgement to pay any outstanding rent arrears and court fees, but as she hadn’t altered the tenancy agreement when she was informed of my ex partner moving out, the courts are now saying he is also liable to pay the rent arrears when he hadn’t even been living in the property for over 2 years
Due to these issues would this tenancy agreement be invalid ? And should she have given me a new agreement in the may removing my ex partners name? This is causing lots of friction between all 3 families and I just want to know who’s in the wrong here and if anyone has any advise as to what I can do from here? Sorry for the long winded question, any help would be much appreciated thankyou xx

anselld

There is no disputing the original tenancy existed so the signature and date issues are immaterial.

What is in dispute is if there was ever agreement to remove your ex and grant a new tenancy in your name only. Do you have any evidence to support that claim?

Either way, the time to present any evidence was at the Court hearing. Now that judgement has been made you will need a good reason to have that set aside ( eg you were not properly notified of the hearing). Even then you chances seem very slim of reversing this.

As far as your ex is concerned why did he not challenge being named on the Court hearing in his own right?

Sounds like heads have been in the sand and the only way forward now is for someone to sort out a payment plan.

Pixie5740

Justnat2706 wrote: »

Hi everyone, I’d just like some opinions on something please?
I began renting a property with a private landlord in Nov 2015 with my then Partner. We both signed the tenancy agreement in front of a witness etc .The following may myself and said partner separated and he moved out. I contacted the landlady to inform her that he no longer lived at the address and we had a conversation as to wether I could afford to still rent the property on my own, I agreed and stayed at the property, I have only ever signed one tenancy agreement when I moved in but I have since then had to move out and she obtained a possession order, to do this she had to pass on the tenancy agreement to the courts, upon looking at the agreement I noticed that the date on the front had been tippex’d out and a new date wrote in its place and at the back my Name and also my ex partners name both with our initials signed under them which neither of us had signed (she had written the initials) First of all the landlady had been informed of my ex partner moving out 2 years ago and secondly neither I nor my ex partner had signed this newly dated tenancy agreement. I fell behind with my rent and was given a possession order and a county court judgement to pay any outstanding rent arrears and court fees, but as she hadn’t altered the tenancy agreement when she was informed of my ex partner moving out, the courts are now saying he is also liable to pay the rent arrears when he hadn’t even been living in the property for over 2 years
Due to these issues would this tenancy agreement be invalid ? And should she have given me a new agreement in the may removing my ex partners name? This is causing lots of friction between all 3 families and I just want to know who’s in the wrong here and if anyone has any advise as to what I can do from here? Sorry for the long winded question, any help would be much appreciated thankyou xx

You simply saying to your landlord that your ex had moved out is not how you legally end a joint tenancy. If she had just set up a new tenancy solely in your name with no input from your ex he could have gone after the landlord for illegal eviction.

I have no idea what your landlord is up to with the Tippexed tenancy agreement since there was a legally binding periodic joint tenancy in place following the initial fixed term contract for which both you and your ex have joint and several liability.

Comms69

Im not sure why you didn't spot this before going to court and therefore challenging it there

saajan_12

Justnat2706 wrote: »

Hi everyone, I’d just like some opinions on something please?
I began renting a property with a private landlord in Nov 2015 with my then Partner. We both signed the tenancy agreement in front of a witness etc .- okay, was there a fixed term? how long?
The following may myself and said partner separated and he moved out. I contacted the landlady to inform her that he no longer lived at the address and we had a conversation as to wether I could afford to still rent the property on my own, I agreed and stayed at the property, I have only ever signed one tenancy agreement when I moved in - okay as an informal conversation, that may have helped the LL decide not to evict. However without the original tenancy being properly ended, it is still in force with both you and ex liable as tenants. but I have since then had to move out and she obtained a possession order, to do this she had to pass on the tenancy agreement to the courts, upon looking at the agreement I noticed that the date on the front had been tippex’d out and a new date wrote in its place and at the back my Name and also my ex partners name both with our initials signed under them which neither of us had signed (she had written the initials) - okay, not sure why because the original tenancy with you + ex was still in force. The time to dispute this agreement is at the hearing, though it would make little differenec as the LL could just supply the original agreement. First of all the landlady had been informed of my ex partner moving out 2 years ago - irrelevant. and secondly neither I nor my ex partner had signed this newly dated tenancy agreement. - okay, but you had signed AN agreement that was identical. I fell behind with my rent and was given a possession order and a county court judgement to pay any outstanding rent arrears and court fees, - indeed, thats what happens. You and ex are each liable for 100% of the rent + fees, the LL can choose to chase either or both of you. but as she hadn’t altered the tenancy agreement when she was informed of my ex partner moving out, - she didn't have to, the original agreement was still in force. the courts are now saying he is also liable to pay the rent arrears when he hadn’t even been living in the property for over 2 years - living there is irrelevant. Ex is still liable under a valid tenancy agreement. If they wanted to change this, ex should have served notice or ensured the tenancy was ended 2 years ago. Indeed, ex SHOULD be liable to pay the rent arrears.
Due to these issues would this tenancy agreement be invalid ? - the new forged one, yes. The original agreement is still in place though. And should she have given me a new agreement in the may removing my ex partners name? - no, there was no obligation to do this. The time to chase this if you / ex wanted a new agreement in your sole name was 2 years ago. This is causing lots of friction between all 3 families and I just want to know who’s in the wrong here and if anyone has any advise as to what I can do from here? - The LL is in the wrong for forging a document and presenting it to a court. Your remedy is to contest it at the hearing. That has now come and gone. It wouldn't have made a difference though, as the LL could have just presented the original agreement and the outcome would be the same. Sorry for the long winded question, any help would be much appreciated thankyou xx

People moving out and informal discussions are all irrelevant. There was a valid written tenancy in place with you + ex as tenants. That could have been ended by
- one of tenants serving valid written notice; or
- LL serving notice + court possession order + bailiffs; or
- mutual surrender explicitly agreed between ALL parties ie you + ex + LL.

It could not be ended by a conversation with you + LL only. So, the original tenancy is still in place, currently periodic (SPT or CPT). The forged document is a red herring, as your opportunity to contest it was at the hearing. Regardless, even if you could contest it now and get the judgement reopened, the result would be the same, ie LL could present the original agreement holding you + ex liable.

So, you + ex are liable for rent arrears + property damage + court costs. Figure out how you can pay.