AST legally binding if landlord did not sign the contract?

[Guest]

Good evening.

I would like to know if an Assured Tenancy Agreement is legally binding if the joint tenants were the only ones who signed the contract.

Also if the landlady can successfully take the case into court in order to retrieve the rent from a 10 months period.


The contract has no breaking clause, but again, was never signed by the landlady. She sent me a PDF of the agreement which I have printed out and my ex partner and I signed it. I then took pictures of it and sent it back to her on Whatsapp. We never met her in person, she never sent us a contract signed by her back.

My ex partner and I moved into the accommodation on the 14th of September, payed an amount of £800 serving as deposit and also an amount of £800 serving as rent for the first month through PayPal sent as “Friend and Family”.

Since moving into the flat, the circumstances changed, my safety was threatened as a man harassed me in front of the building in which I was living. Situation that made me seek accommodation at some of my friends’ places.

Moreover, my partner and I have decided to part. He left the country and I found another accommodation.

I need to specify that we only lived in that accommodation for a period of 2-3 weeks.
I gave the landlady notice only yesterday, on the 10th of October after both my ex partner and I have moved our belongings and evacuated the room.

She is now threatening me that she will take other measures such as taking the case into court and contacting a bailiff, which would have serious consequences on me and will affect my current living situation and my studies, if I will not accept to make her a payment worth £800 for the month ahead "covering the costs for finding a replacement for the room”.

I tried to explain her that my current situation is critical as I was chased on the street in that area, I have parted with my ex partner, my financial situation is poor at the moment and my health is affected heavily and on top of everything I am a third year student who is going through a lot. She told me that I am bluffing and that I will either pay her the £800 or she would discuss the case in court.

I would like to know if she can do anything towards me if the contract was never signed by her even if it does not have a breaking clause, taking into consideration that the rent for the first month is paid and also the deposit?

Thank you.

[lgfa92]

I doubt there'll be any problem with it not being signed - a tenancy agreement for 10 months doesn't even have to be in writing, it could be entirely verbal, for example.

Assuming both parties had started to undertake the tenancy - i.e. she allowed you to move in and you started paying rent, that he accepted, then it's pretty good grounds that the contract for the tenancy was accepted and in place.

If you can't agree on the end of tenancy / monies owing then she is entitled to ask the court to settle the argument.

As another point, you would retain any liability for the council tax charge on the property, as you hold a tenancy greater than 6 months in length, until someone else moves in, the tenancy is ended or the 6 month period passes (once it gets past 6 month the situation needs reviewed).

[efpom]

If you chose not to continue to live there, because you have been harassed in the street, and because you and your co-habitee have decided to go your separate ways, and, in consequence, decided not to pay any further rent, your landlord is perfectly entitled to sue you for the rent owed.

If the matter goes to court, you have no defence and you have an order against you for the amount owed, costs, and interest on the debt, which could run into many thousands of pounds.

Your landlord has made a generous offer to end the contract on payment of £800 rather, than refusing to end the contract.

This is a no brainer! Take the landlord's offer, and do so before it's withdrawn!