Hi All, I posted this in another forum and got some good feedback from one person, but would just like a second opinion on where I stand. My adviser from the other forum reckons I have no where to stand as for a term less than 3 years no signatory is required on the side of the tenants. Also, we have both showed acceptance in other ways i.e taking keys, moving in, paying rent are all signs of both our acceptances on our behalf.

Anyway here is the original post, if anyone can offer the slightest bit of help or advice it would be greatfully received.

"Hello there everyone. I was hoping some people in the know out there might be able to offer some advice relating to a Short Assured Tenancy Agreement.

My partner and I when moving to Scotland from down south decided, madly, to take up renting in a 5 bedroom / 3 bath house where the rent was ?100 / month. Paying the rent wasn't a problem. However, due to personal reasons, we had absolutely no choice but to move back home to the NW of England after only occupying the house for 1 month.

The contract for this agreement was made out in both our names as joint tenants but only I ever signed the contract agreeing to the terms. Since moving back I have only been paying half the rent (?50). I provided this information to the agent and apparently the landlord accepted these terms. The agent does however regularly tell me that they would pursue me for outstanding funds, go to court and various other threats of this nature.

The letting agent called yesterday and advised my partner that he was liable as I had signed on his behalf. Surely to sign something on the behalf of someone else requires powrer of attorney which I don't have and would not be able to obtain as my partner is quite clearly of sound mind.

I also paid the agent in Glasgow ?5 in December to readvertise the property so it could be let and release us from the contract. After several viewings no one is interested in this lovely big house.

Therefore can I please ask if anyone has the answers to these questions:
Is my partner liable for anything relating to that let?

Am I responsible for anything relating to the let as only one signature was ever received?

Is the contract valid with only one signature?

Thank you so much for reading my plight!! I appreciate it immensely if anyone can offer me any guidance.

Cheers
BCH
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Do you have any freinds in glasgow or neighbours you can speak too and see if they are actually telling you the truth?
Are you sure it has not been re-let?

Are they actually actively advertising this property?

If so where?
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Scottish law is often different and it has been a long time since I lived there.

You would need to get your contract checked but in general with a joint contract both people would be fully liable for the complete amount not liable for 50% each.
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i would seek the advise of a solicitor because of the fact that both your names appear on the tenancy and that you were the only person that signed the joint tenancy is a bit strange. as a joint tenancy needs all tenants whos name appears on the tencancy have to sign, no one can sign on their behalf (apart from a company name on a tanancy) and also scotland have different laws than in england. you tenancy might not be valid as only one of you signed so therefore you might not have to pay anymore money.
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Thanks for the replies. Scottish Law is quite different to English Law in many areas escpecially issues of a civil matter.

I sought legal advice from Ross Harper, a firm in the West of Scotland who offer free legal advice over the phone.

They said if it ever went to court and I tried to argue the toss about who signed what and tried to get out the contract on a technicality (and let's face it I'm no hot shot lawyer) I would probably spend about ?,000 on a solicitor before I'd even opened my mouth in a court of law.

One thing, bizarrely, he did suggest, although not condone in any way, was to sit back and do nothing and see what happens. Don't think I'll do that.

I'm going to stick to my original plan and just keep paying as much as I can every month and keep paying until my debt is paid off.

The letting agent are advertising the property on thier website and I have listed it on certain forums to no avail. It has had veiwings but no one wants it.

I will come back and advise the outcome of this dabarcle!

Cheers
BCH
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i would sit back and do nothing until you receive a solicitors letter from the lettings agent. at the end of the day the landlord is still getting paid even tho it is sat empty so he is not bothered if it gets re-let. i would get a friend to ring up the lettings agent and ask if it is still available just to be sure that it is empty and not rented.
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