How legal are landlords tennacy agreements?

chinatown_2

What I mean is to be legally binding do they have to be signed by a solicitor or at least our signature witnessed? On ours under our signature it has 'witness by' then blank and the same under our landlords.

What makes them legally binding? I dont know how to word what I mean but any advice would be great.

moneysavinmonkey

It's a good question, but not one with a straightforward answer.. I think it depends upon why you need to know...

technically a written contract isn't needed to create a tenancy and certain statutory provisions apply to landlords + tenants automatically once rent is paid + accepted... for example notice periods

certain contract terms have been shown by the OFT to be unfair and can be ignored anyway... for example as mandatory professional cleaning upon leaving the property

for the bits inbetween I'm not sure!

It would help if you could tell us why you need to know if it legally binding without a witness?

PBA

It doesn't even seem like a written agreement is needed to create a tenancy, so I can't see a witness being required. There's certainly never been a witness needed on any of the tenancy agreements I've signed. There's a handy govt published guide to tenancy at http://www.communities.gov.uk/documents/housing/pdf/138289.

Incedentally, I know more about power of attorney documents than rental contracts, and I know they only have to be witnessed if the signatory isn't capable of signing the document themself. That might be a possible reason for the witness section being on there, but then left blank as it isn't needed.

speedtwin

The tenancy agreement does not legally have to be witnessed but some agreements have a space for one (it doesnt matter if used or not)

A guarentor agreement does have to be wittnessed and the guarentor given a copy of the agreement and the tenancy agreement

clutton_2

"" certain contract terms have been shown by the OFT to be unfair and can be ignored anyway...""

this old chestnut again - the OFT "Unfair terms" are Recommendations - they are NOT law.

moneysavinmonkey

clutton wrote: »

"" certain contract terms have been shown by the OFT to be unfair and can be ignored anyway...""

this old chestnut again - the OFT "Unfair terms" are Recommendations - they are NOT law.

yes, of course.. it's always best for legitimate businesses to do as they please - no need to take any notice of the silly old OFT.

Nice one Clutton, I had thought you were one of the more responsible landlords on here.

clutton_2

i am responsible - i have changed my own tenancy agreement as a result of reading them - i point it out because telling tenants to "ignore" things in their AST and telling them it is legal that they do so may well lead them into muddy waters with their landlords.

moneysavinmonkey

I wouldn't go telling landlords that they are just 'recommendations' and not law, you may well lead them into muddy waters with the OFT and the nearest court.

Enforcement
Under the Regulations the OFT has a duty to consider any complaint
received about unfair terms. Where a term unfair is considered unfair,
enforcement action may be taken on behalf of consumers to stop its
use, if necessary by seeking a court injunction in England and Wales or
an interdict in Scotland.

A term found by a court to be unfair is not binding on consumers.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311cons.pdf

I did have a list of terms that had been tested and found to be unfair in a court, the 'professional' cleaning, was one of these and is therefore not 'binding' on the consumer aka can be ignored.

clutton_2

"" found to be unfair in a court,"" - exactly my point - they have all yet to be tested in court ....

chinatown_2

Thanks for the advice, sorry it turned into a debate.
I asked for a couple of reasons, one is its a 12 month AST and we know we're supposed to be there until July (want to leave in 2 months time), we have been here 3 years but last year he put rent up so thats why we got new contract.
The other reason was funny enough we're 'expected' to pay for proffessional cleaning of all carpets before we leave. He must be mad right? Its cleaner now than when we moved in! Funny enough on his part hes ignored 6 (or more?) emails and lots of phone calls regarding the water literally running down the walls when it rains and the huge wet patch on the celing above my 5 year old dauhgters bed! Hes had 2 roofing men out both who said it needs sorting asap....
So it would be a right cheek of him if he decides to get picky with us.

real1314

you might have got better advice if you'd given more info from the off.

terms in agreements are binding, except those that have been ruled against by a court, after all, we run on the law and the law is decided by courts.

your situation probably needs you to counter sue for loss (of facility/enjoyment) due to the state of the property. As regards professional cleaning, the OFT (afaik) regard this as dodgy, but the clause can be used to enforce cleaning to a "professional standard" by a professional or a n other.