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Do Both Agreements have to be signed by both Landlord and Tenant?

Started by alanf, September 28, 2015, 03:27:45 AM

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alanf

Do Both Agreements have to be signed by both Landlord and Tenant?

Or can the landlord sign one copy, the tenant sign another and they exchange.

Regards to all.

MallyB

Best for both of you to sign both copies. I get it witnessed also. Any information you pass on during the tenancy  is best to get signed off and dated also as a back up.

theangrylandlord


Please be careful of advice received from websites (including my own) and always do your own research.
Obviously I cannot understand your full situation from a small blog....

AlanF

Legally if a document has a "counterparts clause" (usually found toward the rear of the contract) then you can be confident that each party can sign a different physical document.  The counterparts clause will be very obvious e.g.
"This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original."
Or some other words similar to that....

The absence of a counterparts clause will not necessarily invalidate an agreement that the parties execute by separate physical documents.. However, it may help to prevent a party (usually the sodding tenant) from claiming that an agreement is not binding because there is no copy of it that has been signed by all parties......I don't know what might happen then...do you return all the rent?

My view...just play it safe and try not to be too smart in the world of the Landlord....
Both sign the same piece of paper ....Unless you really cannot both sign the same document (you are abroad) then get a counterparts clause added to the agreement.

Legally only a deed needs to be witnessed..it doesn't hurt to get the contract witnessed though.

Best of luck

Hippogriff

Scratching my head... if you're in a position to get signatures from all parties, then why not do that? Surely it's not about what is possible, but why would you want to consider both Landlord and Tenant(s) not signing both copies of any agreement? Is the time too precious or are you trying to save on ink?

Ink is not that expensive, I have found.

theangrylandlord

I would have thought two separate documents would consume more [printer] ink  :P

Hippogriff

Not what he's asking... he understands there'll be 2 documents. He's asking if both need to be signed by both Landlord and Tenant.

boboff

And Angry has answered that question to my satisfaction.

I knew there was no need for a witness, but this clause is one to look out for.... Cool.

propertyfag

Quote from: alanf on September 28, 2015, 03:27:45 AM
Do Both Agreements have to be signed by both Landlord and Tenant?

Or can the landlord sign one copy, the tenant sign another and they exchange.

Regards to all.

In theory, nothing needs to be signed, and you'll both still be protected by your statutory rights.

However, I agree with THEANGRYLANDLORD - both parties should sign to be safe.

alanf