Early contract termination - dodgy contract?

[BCH]

Hello there everyone. I was hoping some people in the know out there might be able to offer some advice relating to a Short Assured Tenancy Agreement.

My partner and I when moving to Scotland from down south decided, madly, to take up renting in a 5 bedroom / 3 bath house where the rent was £1100 / month. Paying the rent wasn't a problem. However, due to personal reasons, we had absolutely no choice but to move back home to the NW of England after only occupying the house for 1 month.

The contract for this agreement was made out in both our names as joint tenants but only I ever signed the contract agreeing to the terms. Since moving back I have only been paying half the rent (£550). I provided this information to the agent and apparently the landlord accepted these terms. The agent does however regularly tell me that they would pursue me for outstanding funds, go to court and various other threats of this nature.

The letting agent called yesterday and advised my partner that he was liable as I had signed on his behalf. Surely to sign something on the behalf of someone else requires powrer of attorney which I don't have and would not be able to obtain as my partner is quite clearly of sound mind.

I also paid the agent in Glasgow £95 in December to readvertise the property so it could be let and release us from the contract. After several viewings no one is interested in this lovely big house.

Therefore can I please ask if anyone has the answers to these questions:
Is my partner liable for anything relating to that let?

Am I responsible for anything relating to the let as only one signature was ever received?

Is the contract valid with only one signature?

Thank you so much for reading my plight!! I appreciate it immensely if anyone can offer me any guidance.

Cheers
BCH

[Aequitas]

I think you are both equally liable for the whole rent. This is why:

1. The grant of a tenancy for three years or less does not need to be in writing.

2. Even if where a tenancy needs to be in writing, signature by the tenant is not strictly required. All that is required for the grant of a tenancy is for the landlord to make the grant and, where it needs to be in writing, for the landlord to sign. If the tenant does not sign anything to indicate acceptance of the tenancy, then the tenancy can be accepted in other ways. Taking possession and paying rent are clear indications of acceptance.

3. Since the signature of neither of you was needed, it must follow that one signature only does not change the position.

4. A power of attorney is needed to sign a deed, but not to sign a tenancy agreement not made by deed. You can sign if you have authority. However, I think it would need to be plain from the manner of signing that you were signing on behalf of yourself and your partner. Accordingly, I do not think it can be said that you are deemed to have signed on behalf of your partner, but the point is of no relevance if the circumstances point to his having accepted (with you) the tenancy.

Whatever the position, in the absence of a clear indication by the landlord or his agent, it cannot possibly be the case that you are entitled to occupy the property paying only half the rent.

[BCH]

Thank you for the swift response Just to dicuss it with someone seems to make me feel a little better, so thank you.

Refering to your last comment

"Whatever the position, in the absence of a clear indication by the landlord or his agent, it cannot possibly be the case that you are entitled to occupy the property paying only half the rent."

Can you please explain this in more lay terms. Are you saying that I cannot possibly expect to live in the property or be allowed to live in the property paying half the rent? As we are not living there at the moment what would the landlord have to do to "evict" me if I stopped paying altogether. Would he pursue me through the courts for unpaid monies. What are the chances of him succeeding etc.

Sorry for the rather lengthy response. You are the first person I have found who seems to know what they are taking about! Thank you.

BCH

[The GodMother]

OK

I am not any type of expert in this area and i only know from what i have picked up during tenancys i have had myself.

I know when ever i have had a joint tenancy that who ever i had the tenancy with and myself have had to sign the tenancy agreement if we both moved in at the same time. If not a new tenancy agreement would not be issued but they would add that person as a member of family, like they would a child. Any responsible agent or landlord would/should have asked both of you to sign the tenancy.

Now on the rent issue.

I am sorry to say that based on my experances you are liable for the whole amount as you are the person that signed the tenancy. I know if i had left any of the tenancys or if i leave this tenancy that i had entered into then my partner or the joint tenant who had signed the agreement would have been liable for the full rent. The same would be if the joint tenant had left or my partner leaves the property i would have been/ iam liable for the whole rent.

Now the letting agent maybe rite in saying your partner has to pay his share even if he pays it to you and you then pay them. You both are mentioned on the tenancy and you both should have signed it. Now you gaining power of attorny over someone is not necessary for a tenancy in certain conditions.

I know the tenancys i have been in with my local council, of which i am in one now, says if the person or one of the tenants is under 18 then they can only sign a tenancy agreement if they have someone to sign it with them as in a support worker or someone over 18 who will be helping the tenant with things necessary. Under 18s very really get a tenancy with this council due to the high amount of problems and due to them not accepting this rule. Please remember this may have only been brought in buy my council.

The £95 you paid.
When you paid this money did you sign anything to say that would now relise you from the tenancy and that the agent/landlord could readvertise the property?
Do you have a recipt or proof you paid this money.

If you dont then you cant do anything about it. the payment if you have proof of it they can say they took it as advance part payment for january or even payment towards the debt if you dont have any proof to say that you were relised from the tenancy due to this payment.

Yes a contract can be valid with only one signature under other certian circs.
* the joint tenant was not able to sign the tenancy due to being in hospital or having surgery and the landlord unwilling to wait for the other person/ allow the tenant /travel to the hospital with the documents to sign the tenancy agreement.
* if the joint tenant is under 18 unless under the special cirscs i mentioned above relating to my council and the tenant is under 16 then.

I would advise you speak to the agent and make an agreement to pay the arrers and make a agreement to relise you from the tenancy when the arrears are paid which you get in writing. I also advise you speak to the CAB about this as they are more knowlagable then me.

Sorry i have not been more help.

[Aequitas]

Originally Posted by BCH

Refering to your last comment

"Whatever the position, in the absence of a clear indication by the landlord or his agent, it cannot possibly be the case that you are entitled to occupy the property paying only half the rent."

Can you please explain this in more lay terms. Are you saying that I cannot possibly expect to live in the property or be allowed to live in the property paying half the rent? .

For a landlord to agree to reduce the rent by half is so unusual and non-commercial that I think a court would need to see very clear evidence that it had been agreed.

Originally Posted by BCH

As we are not living there at the moment what would the landlord have to do to "evict" me if I stopped paying altogether.

As you are not living there the tenancy is no longer an assured tenancy and so the statutory rules for termination do not apply. The landlord can, if he wishes, forfeit the tenancy by re-entry. But there is no obligation to. He can sit back and keep asking for rent.

Originally Posted by BCH

Would he pursue me through the courts for unpaid monies. What are the chances of him succeeding etc

He can. I cannot see you have a defence. You agreed to pay rent for the whole term.

[The GodMother]

do you have any intention on going back to the property?

Do u still have any keys to the property?