Is my lease valid?

[xifer]

This is a 6-month assured shorthold lease. By the signature
space on the form is a choice of 'signed by the landlord' or
'signed on behalf of the landlord'. The 'on-behalf of'
was stroked out leaving the 'signed by the landlord' bit but
the form was actually signed by the landlord's agent.

Does this make the lease invalid?

[Aequitas]

No.

[xifer]

Oh. Ok. Seems like what's the point if it can be filled in wrong but is
still valid..

So, another technicality: I live in an HMO and it turns out someone
that does not live there and is not an agent of the landlord has been
given a front door key and therefore has access to the shared portions
of the accommodation. Is this acceptable and can I do anything about
it?

[Hobbie]

Who gave this person a front door key to access the communal areas?

[xifer]

Hi - it was the Landlord's agent gave them the key. There is
a flat next to our house owned by the same people as own
our house but it doesn't have a mailbox so they share ours.

This means they have access to our mail and the rest of
the house.

[Hobbie]

If the landlord (or agent) has given a key to another person which allows access to the communal area, as the landlord has another property in which access to that property is by means of the communal area then he has a right to give a key to that person.

As for the mailbox sharing and access to the rest of the house .... hmmm

You mean, accessing the communal area means people can access your house and post?

Sorry, I just don't quite understand, maybe Aequitas might understand better...?

[xifer]

Hi Again!


The occupant of the flat does not require access to our house in order
to get to their flat. There is a separate entrance.

[Hobbie]

But am I correct in thinking that the postbox for both properties is at YOUR address?

[xifer]

yes. They don't have their own postbox so use ours.
I'm not sure I'm happy about this. They should have
their own letterbox and not have a key to our house.

[Hobbie]

Indded, I sure to hell wouldn't be happy either about it either.

Give me a few hours and i'll get back to you on this, if thats ok.

[Ed999]

In a HMO, your tenancy agreement will only give you exclusive possession of the part of the building that the agreement defines as being let to you.

The tenancy agreement will inevitably contain a reservation to the landlord of the right to do as he pleases with the rest of the building, including a right to allow other people access to the communal areas (e.g. the entrance hall, staircases and passages).

If it contains such a reservation, the landlord can authorise anyone he pleases to have access to those communal areas. His letting agent can also exercise that right on his behalf.

As a matter of contract, there is nothing you are entitled to do about it. It is not a breach of contract. It is a basic fact of life in a HMO.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[xifer]

Thanks for that response - I guess it makes sense.