My new tenant signed the tenancy agreement today, but could not pay deposit as her phone would not work?? When she left she said she was going straight to the bank to do same. In agreement it had full details/names etc., including moving in date. Is this legally binding as no deposit paid??
You mean you gave her a copy BEFORE you got a deposit and one months rent?
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If you havent yet given her the keys then she probably doesn’t yet have a tenancy, just a contract to supply one, which is possibly subject to payment of the deposit. Has she paid any rent?
Have since discovered vis 2 professionals, that she IS legally bound
However, I do not want her as tenant as so unreliable and inconsiderate!!
you have not answered my question above
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I assume that means you did give her the keys
Well it is begining to look as if you only have yourself to blame and you have acted in a rash manner … I ALWAYS want cash deposit. cash and the first months rent. in my HAND, then we sign and I give keys.
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Correct me if I am wrong but for a contract to be legally binding there must be an offer acceptance ( a meeting of minds) and finally, consideration.
In this case consideration is money.
If there is no financial exchange how is it legally binding ( that is the deposit is not paid)?
Is there a legal beagle that can clarify?
I did not give her keys, as she was not moving in until May 6th
She was in agreement and did sign the tenancy agreement
Does this answer you!!
David122 When we do not have ALL the info it is hard to give a decent answer
She signed, then went to pay deposit via mobile, which wouldn’t work?? Shen then left to go straight to the bank, so she said, but…!
I contacted two professional who confirmed the agreement was legally bending regardless!
She doesn’t have a tenancy as she has not taken possession. She may, (depending on the terms) have a contract and she may be able to sue you if you breach the contract, but could only sue you for the extent of her loss, which if she is not moving until May, may not be very much. I assume she’s paid the rent for the first month, but if your contract says that she will pay a deposit and you can show that she hasnt, you may have some wiggle room. Call a housing solicitor for a more definitive view, (not a high street jack of all trades).
Whatever happens never give a copy of signed tenancy
contract before 1month rent and deposit paid by cash
or cleared in the bank account.
Please remember at the end of the days tenants are
tenants. When tenants try to give accuses or arguments
before signing the contract then I think as landlord there are going to be troubles in future.
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Having read this post and other questions, you sound as reliable as the tenant that let you down.
Be careful one lie leads to many more and if like us you will end up evicting.