Tenants contract questions

thejanegirl · 10th November 2007, 21:27

Just a couple of quick questions,

is a tenancy contract valid if
1, the landlord has not signed the tenants copy?
2, the contact address for the landlord is incorrect (she has left it as the house we rented which she used to live in, not her new address)

Thanks

MrShed · 11th November 2007, 01:56

1) Yes
2) Yes, kind of - it creates all sorts of legal loopholes though. For example, you arent actually liable to currently pay rent, nor can you be evicted.

thejanegirl · 11th November 2007, 02:59

Thanks for the info

Aequitas · 11th November 2007, 22:46

The obligation on the landlord is to "...furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant."

It would seem that the obligation is complied with even if the address is the address of the property let. If you need to serve notice on the landlord she has made it difficult for it actually to come to her attention, but any notice will be validly served if you post it to the property address.

Aequitas · 11th November 2007, 22:51

Quote:

Originally Posted by MrShed

2) you arent actually liable to currently pay rent, nor can you be evicted.

Agree with the blue, but not sure about the red, except of course that it follows that you cannot be evicted for non-payment of rent. Is that what you mean? I don't think a landlord is prevented from serving a S. 21 notice.

thejanegirl · 12th November 2007, 05:02

Quote:

Originally Posted by Aequitas

It would seem that the obligation is complied with even if the address is the address of the property let. If you need to serve notice on the landlord she has made it difficult for it actually to come to her attention, but any notice will be validly served if you post it to the property address.

Wish I'd knowing that when we started our small claims case, might have got a default and saved some time lol

MrShed · 12th November 2007, 11:09

Quote:

Originally Posted by Aequitas

Agree with the blue, but not sure about the red, except of course that it follows that you cannot be evicted for non-payment of rent. Is that what you mean? I don't think a landlord is prevented from serving a S. 21 notice.

I think they probably are, as how can the notice come from a non entity? I couldnt say definitively though!!

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