UK Landlord Forum / Life

is a renewal of  tennancy agreement valid if the following has occurred.

Tenancy agreed in 2014. no issues with that.

agent then called tenant into office to sign another fixed agreement. (i did not give permission to agent to do this, and agent has admitted in a email he did not seek my permission)

The agent has not signed the agreement neither have it. (however there are two sections to fill one where agents name is printed and one where signature needed, name printed but no signature)

The tenant does not have a copy of the agreement.

Is the above a valid fixed term tenancy agreement.

Yes.

I would argue as that as your representative the Agent has offered the contract, which has been accepted, they have continued to pay rent, in consideration of the new agreement, and assuming it is a legal contract it is valid.

1st Year Accountancy, contract law.. basic stuff my friend.

I don't think it is clear cut.

It can be argued they continued to pay rent as it became a periodic tenancy.

The agent has never had any authority to resign, It can be argued that the tenant resigned but i declined to permit another fixed term, and was reason for not signing.

Also it seems there is no physical contract to show tenant resigned.

Unless he can show me a contract that he has where both parties have resigned i feel contract law would indicate that it is not a valid contract. thats my view.

In regards to contract law

we need offer and acceptance, consideration and intention to create legal relations.

the issue is with offer and acceptance.

did the agent make offer or invitation to treat, which the tenant made the offer by signing and offering to pay same below market rent.

this invitation to treat was subsequently withdrawn, offer not accepted by myself. no contract.

what i have described could theoretically be argued.