NO 3rd signature- still valid??

[Alison82]

Quick question,

2 friends and I have just rented a flat, one of us wasn’t present when we were signing the contract last week and they haven’t arranged a time for her to sign her bit.

There are some things that need to be fixed in the flat such as a large pane of broken glass.

Is our contact valid if the 3 rd tenant hasn’t signed (it was rented as a 3 bedroom flat not room by room and she has signed a holding fee form about a month ago so that is proof that there is a 3rd tenant)

Any thoughts??

[PKea]

Have you asked the landlord to fix it?
I'm not sure as to what youre asking?

[Alison82]

Yes we have, there are lots of other little thinhg but they are putting it off, we wanted to see the place again before we moved in but they kept coming up with excuses like "the builder has the keys" for 2 weeks.

I just wanted to know, in case we had to consider saying that if he dosn't fix these things pronto then we will be leaving (but only if it turns out the contact is not valid until all 3 sign) we don't want to leave but he doesn't know that.

This glass is so dangerous if someone leans on it without realsing the will fall 5 floors!

Any thoughts?

[PKea]

I would put it in writing to the Landlord, stating that it is unsafe and dangerous.
There is an authority to report to, Not sure who it is. They are like the HEalth & Safety Exec type of authority.
Try phoning Citizzens Advice, They will point you to the relevent authority

[blacksheep1979]

If she hasn't signed it it may be valid but only the other two of you tied into it. If there is work that is necessary on the property if the landlord fails to do it you can have it done yourselves and charge the landlord for the work

[m3shl]

The Landlords and Tenants Act 1985, Section 116(4) covers the landlords obligation to repairs. I would suggest that you write to the landlord and give him a reasonable deadline to have repairs carried out. Also state that if he fails to do this you will have the repair carried out by your own contractor and make payment from rental due to him and forward the invoice/receipt once received.

With regards to only 2 signatures on the agreement. I would suspect if you have an Assured Shorthold then you are "jointly and severally liable". You will still have a valid tenancy however the sticky point for you or the Landlord would be if he needed to take legal action against you. For example if your flatmate fails to pay rental and causes damage the Landlord will probably only proceed against the two who have signed - Basically it's you who is at risk of taking the brunt of any action caused by your flatmate who has not signed.

[Alison82]

Originally Posted by m3shl

With regards to only 2 signatures on the agreement. I would suspect if you have an Assured Shorthold then you are "jointly and severally liable". You will still have a valid tenancy however the sticky point for you or the Landlord would be if he needed to take legal action against you. For example if your flatmate fails to pay rental and causes damage the Landlord will probably only proceed against the two who have signed - Basically it's you who is at risk of taking the brunt of any action caused by your flatmate who has not signed.

Did think of it like that!! I better hurry the process along then!! It's not that he is not going to fix the glass he is just taking ages about it

Thanks

[blacksheep1979]

Give him a reasonable deadline and inform him that if that deadline is not meant you will get someone else to fix it and bill him for this.