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Transpires origianly Agreement not Signed

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690 views 1 replies latest reply: 15 January 2016

Been at my current residency for ~3years now. After trying to find out what my notice period is to give notice to leave (due to nusiance neighbours – diferent topic!) I opened the original Tennacy Agreement – which is held by DocuSign – and it transpires that the Landlord had not digitally signed and all extenstions where based around this.

What does this mean in the “eys of the law” – is this illegal?

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If the tenancy agreement isn’t signed then it’s not a valid document no. However, while I’m not a lawyer, i think as soon as you start paying rent you create a tenancy agreement – although it will be a verbal agreement and not the one that you signed as that was not properly executed. If there’s any evidence that you agreed to give notice (signing the tenancy might be that evidence) then to be safe it’s probably better just to give the notice required by the (unsigned) tenancy.

One major issue of this for the landlord is that he or she won’t be able to make any deductions at all from your deposit if you don’t agree to them as only the tenancy agreement authorised them to do that and it wasn’t signed.

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