Landlord forged witness name. Witness was not present. | The Tenants' Voice
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Landlord forged witness name. Witness was not present.

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161 views 1 replies latest reply: 12 July 2017
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Hi everyone,

I have a question that needs answered.

During the lease signing meeting with my previous landlord, he forged his witness’s signature and his witness was not present at the meeting.
Was the lease still binding or was it an offense on his part?

I need some information regarding this issue.

Manyt thanks.

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Tenant

Hello, 

Obviously, any forged signature is invalid. Whether or not the landlord can be prosecuted for forging is something I can’t comment on, HOWEVER

Even if the whole tenancy agreement can be treated as invalid, due to the forged signature and name, it doesn’t mean that the tenancy is invalid. 

As defined in the law, any tenancy under 3 years, that provides total occupation of the rented property to the tenant, who pays a fair market priced rent to their landlord, DOES NOT REQUIRE a written tenancy agreement. 

Instead, a tenancy can and will be created by default as soon as the tenant moves in and takes occupation of the property. 

If you’re looking to invalidate the whole tenancy solely on the basis of the forged signature, it’s highly likely that you won’t succeed. However, if there is a special clause in the tenancy agreement, that is not part of the default regulations for AST – assured shorthold tenancy, it’s possible to invalidate it. 

Hope this helps ! Here is some more info on tenancy agreements – http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-agreements-assured-shorthold-tenancy-ast/

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