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Tenancy Agreement

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Comments

  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    A tenancy should be signed by all parties. If this tenancy is in your dads sole name then you are just an occupant.

    This is why children don't go on tenancies.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    edited 22 June 2019 at 1:38PM
    Just to update, I have been to CAB and Web chat with shelter

    Shelter guy kept on saying that children cannot hold tenancy due to age. But it is not strictly true even their website say that children can be listed provided there is an adult listed. My parents were listed tenants.

    Https://england.shelter.org.uk/legal/housing_options/young_people_and_care_leavers/tenancies_for_minors

    CAB said they consider our tenancy as Joint. They said that only my dad is signed tenancy, landlord may argue this point. They said that since this is a dispute, they suggest solicitor advice. As for single signature point, I found that tenancy between two parties, it does not signature of all tenants.

    But i was wondering any one knows the rules behind signatures.


    If CAB view is it Joint, then the tenancy which started in 1995 would just carry on under your father name.

    I suspect they may be a succession right for eldest child in event of father death and HA are trying to take that right away.

    Your Father does Not and cannot be forced to sign a new tenancy agreement, they cant evict you for not signing a new TA.

    As CAB advised a solicitor may be next step.








    ...
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Thank you for responses...

    I have been researching about single signature point, I still haven't found any legal points in property law. but i have noted that few students who have been sued by landloard even though they haven't signed the TA. But contractual law suggests that "These promises will be legally binding once the agreement has been signed by both parties and then dated".
  • any recommendations for property lawyers? Friend of mine suggested for discussing directly with Barrister. Not sure what to do...
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Thank you for responses...

    I have been researching about single signature point, I still haven't found any legal points in property law. but i have noted that few students who have been sued by landloard even though they haven't signed the TA. But contractual law suggests that "These promises will be legally binding once the agreement has been signed by both parties and then dated".

    any recommendations for property lawyers? Friend of mine suggested for discussing directly with Barrister. Not sure what to do...


    Try

    https://www.lawcentres.org.uk/






    ...
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Zorn
    Zorn Posts: 5 Forumite
    It is not necessary for a tenancy agreement to be signed at all.

    It i quite possible to have a tenancy granted orally.

    The tenancy comes into being when possession is given to the tenant and the tenant pays rent.

    The written agreement simply records the agreed terms (primarily for use in case of dispute) and signing the agreement indicates that the person signing has read, understood, and agreed to the terms.

    Therefore only father's signature is not a problem at all.
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Are you suggesting that minors can have a tenancy agreement orally if only their parent were the signee?

    This would imply that they could be liable for the terms and condition of the tenancy inclusive of all rent and condition of property.

    If this tenancy was in the name of minors which the OP has suggested . It just seems very odd.

    I'm beginning to question my whole housing training on 1 thread.

    OP it would be far easier if you could show images of the old tenancy and the new one your father is allegedly being made to accept for no apparent reason.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • Zorn
    Zorn Posts: 5 Forumite
    Are you suggesting that minors can have a tenancy agreement orally if only their parent were the signee?
    I am not commenting either way. I am only commenting on the content of this thread.
    And in this case it is stated that there is a written agreement.
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