Hi I am just wondering why the landlord has not signed my tenancy agreement just waiting for him know after me and my guarantor have signed. The only option I keep in my mind is that the tenancy start date is 23rd and I have signed the contract on the 16th so probably he is waiting till the 23rd to sign so I can pay the deposit and rent. Its been dreading in my mind why he’s taking so long to sign and get it out of the way.
Can some one tell me if they were in the same position. Please would really need some advide
Is this a legal action when the landlord has to sign on the day of the contract start.
I would never sign the agreement till the day you move in and you pay deposit and rent otherwise he has no recourse.
If you sign and don’t pay rent how will he get his money?!
This is normal. Only an inexperienced landlord would sign in advance. Even estate agents sign on the day!
Yes is is legal
So do you think I should wait for the 23rd and c whats next. I mean we need to move out on the 24th and I am already packed up and ready to move in. But the problem with this landlord is that he is not responding to any of my messages. After multiple calls to open rent he is still not letting me know if the house is redecorated and new flooring were supposed to be put in first and ground floor.
I can’t explain why he is not answering.
Builders are busy at the moment and they are letting people down.
Last year I had daily emails from tenants and it drove me mad. I actually told I would not answer any more emails. It was only because they were my tenants anyway that I tolerated it.
You need to give him a bit of space.
It has only been a week.
Have you put down a holding deposit
Yes I know he is really busy it’s not an individual landlord it’s a big co operation. There name is Nottingham city homes Enterprises Ltd they are very big but they do private rent aswell. But it’s my first time doing open rent I am in a letting agency. It’s completely different. Thanks for replying. I have paid a holding deposit and passed Referencing and signed my contract just waiting from there side now. And how is it with key collection do we meet at the property or there is a key safe next to front door. Maybe he’ll say to collect them from there. But he still havnt done no work to the house that’s confusing. As my he’s got 2 days to do everything.
I don’t think the work is going to get done
If this is an estate agent just make sure you are not a victim of a scam
Estate agents reply if you call them
Check on the land registry that this is the landlord for the property
The landlord doesnt need to sign for there to be a contract. Once you pay the first month’s rent it will likely be in force unless it was issued to you “subject to contract”.
Thanks yes I will maybe check the land registry and see who ones it. I have checked the gov business website and they are OK it seems they have a lot of money and all accounts are made up to date. So lets see on 23rd if they are going to sign. Hopefully?
So I guess that this is a bit late to the party but I am strongly advising you ignore some of the advice above.
No serious landlord signs the contract on the day. A contract is always contingent (unless you’re daft) on the fact that the tenant must pay first then access the property. Maybe some people in this thread confuse giving keys with signing contract.
A landlord who waits to sign the contract also risks losing the tenant. Until BOTH parties sign there is no enforceable contract. If the tenant finds somewhere else to move to the day before he can withdraw from the contract.
3 No serious landlord would withhold signature without reason.
- Based sign that the landlord already doesn’t respond. Is that the kind of landlord you’d want? Nope - find a better one.
How did it all go? I realise you may have moved in already.
I sign contracts on the day
I go through all their checks and send them the appropriate documents in advance of contract
The deposit is taken in advance and secured with DPS custodial
I meet them the day they move in
They transfer their rent monies and then contracts are signed and keys given
I have had a few bad experiences where tenants played their hand too early and their duplicity is transparent and if nothing is signed and no money exchanged I can walk away
I had one who whilst talking I realised was going to be a nightmare and I had just signed it was hell for six months until he signed his deed of surrender
In the last two weeks I have nearly signed one house with two different tenants but both demonstrated dishonesty at the get go
One actually told me I said something I didn’t and backtracked in emails
If I had signed contracts when she wanted I would have been stuck
If it doesn’t work they get their deposit back from DPS and I both parties can move on
Now it’s my turn to say ‘absolutely rubbish’. In English law neither a contract nor a tenancy even needs to be written . It can be oral. Once the landlord issues the tenancy agreement with the intent of creating a contract/tenancy and the tenant pays the rent, the landlord would find it extremely difficult to convince a court that there wasn’t a binding contract regardless of whether he had signed it. If he subsequently denied access to the property hhen there would be no tenancy, but the prospective tenant could sue the landlord for their losses, such as hotel accommodation if their previous tenancy had ended.
My understanding is just as David122 says. When I send a first draft of the tenancy agreement to a potential tenant I make it clear that its purpose is so that they can familiarise themselves with the terms of a tenancy held with me and seek clarification/amendment as necessary. It is a document for discussion. I make it clear that it is not a contract and no tenancy exists untill referencing is passed and initial rent plus deposit have cleared in my bank account (in that order). Once you have the money, a binding contract exists whether you have signed or not.
You obviously do your due diligence before signing the contract, and if they lie you don’t give them a contract. You can also, as a lease is a form of contract, cancel it before it takes effect should there be dishonest representations on the behalf of the tenant. So no problem there.
The difference is that until you sign the contract there is no contract. A contract is only valid when both parties have agreed to the terms. So, unless you sign the tenant may withdraw because you don’t sign and is entitled to his money back. Even if he backs out on the day.
Add insult to injury - as you have issued the contract that the tenant signed, and the tenant has paid his deposit, should he pay his rent and the rent payment is accepted (into your bank account) you have a contract even though you have not yet signed.
So, by signing on the day you get all the liabilities and none of the benefits. Also, as a tenant I would find it incredibly unprofessional for you not to sign the contract and I would choose a better landlord.
Yes, you’re right. I wrote my opinion from the landlord’s point of view. If the landlord chose to try to enforce a non-signed contract, which the tenant withdrew from, he could not. The tenant, if he had paid his rent and deposit, can have the contract enforced.
My point was that you gain nothing as a landlord by not signing the contract. I should’ve made it clear in my answer that I wasn’t referring to the tenant’s perspective.
Don’t think I have ever said that a contract has to be in writing. What I think I said was that it is not enforceable without payment of rent and keys handed over.
Yes, you may have a contract as soon as payment is received. However, it does not mean that the contract is on the terms outlined in the contract as it is not signed. On the contrary, without a signed contract, common law applies. The tenant may turn up on the day and refuse to sign the contract and you may very well be required to hand over the keys.
Possibly read this: Tenants Without A Written Contract- Verbal Tenancy Agreement
So the point I was making was that leaving the contract to be signed till moving in day does nothing - you may put yourself in legal difficulties if you do not let the tenant have access to the house.
Moreover, the tenant may just decide to walk away and you are left with no tenant and no money. You’d have to refund the deposit.