Is your Assured Shorthold Tenancy agreement valid if all the signatures are not originals?
2 people found this useful
Answer . Valid. Valid. Valid if there is someone to enforce it like a family member, trust, heir or lawyer.. Y-THINK-Y
Answer . \nNo.\n. \nCommunity property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington State, Wisconsin. \n. \nWisconsin is not considered a "true" CP state as it defines marital debts differently than do the other eight CP states.
All contracts are agreements but all agreements are not contracts. Explain this statement and also give essential elements of a valid contract?
All contracts are agreements, but all agreement are not contractsAnswer; A contract is a legally binding agreement orrelationship that exists between two or more parties to do orabstain from performing certain acts. A contract can also bedefined as a legally binding exchange of promises between tw…o ormore parties that the law will enforce. For a contract to be formedan offer made must backed acceptance of which there must beconsideration. Both parties involved must intend to create legalrelation on a lawful matter which must be entered into freely andshould be possible to perform. An agreement is a form ofcross-reference between different parties, which may be written,oral and lies upon the honor of the parties for its fulfillmentrather than being in any way enforceable. All contracts areagreement because there must be mutual understanding betweentwo parties for a contract to be formed. All parties should agreeand adhere to the terms and conditions of an offer. Thefollowing cases illustrate ways in which all contracts areagreements ; In the case of invitation to treat, where aninvitation to treat is merely an invitation to make an offer. Whena firm's offer is accepted it results into a contract providedother elements of contracts are accepted. Considering person Abuying a radio on hire purchase from person B who deals withelectronics and its appliances. Both parties must come to anagreement on payment of monthly installment within specified periodof time. Such an agreement result to specialty contract which acontract under seal. All contracts are agreement until avoided for example, avoidable contract where one of theparties can withdraw from it if s/he wishes. This occurs due tominor agreement and misrepresentation or undue influence.Considering a case where person A make contract with person B butduring the contract period B realizes that he was engaged toperform an agreement under undue influence. Definition ofcontract According to section 2(h) of the Indian Contract Act:" An agreement enforceable by law is a contract." A contracttherefore, is an agreement the object of which is to create a legalobligation i.e., a duty enforceable by law. From the abovedefinition, we find that a contract essentially consists of twoelements: (1) An agreement and (2) Legal obligation i.e., a dutyenforceable by law. We shall now examine these elements detail.1 . Agreement. As per section 2 (e): " Every promise andevery set of promises, forming the consideration for each other, isan agreement." Thus it is clear from this definition that a'promise' is an agreement. What is a 'promise'? the answer to thisquestion is contained in section 2 (b) which defines the term."When the person to whom the proposal is made signifies his assentthereto the proposal is said to be accepted. A proposal, whenaccepted, becomes a promise." An agreement, therefore, comes intoexistence only when one party makes a proposal or offer to theother party and that other party signifies his assent (i.e., giveshis acceptance) thereto. In short, an agreement is the sum total of'offer' and 'acceptance'. On analyzing the above definition thefollowing characteristics of an agreement become evident: (a) Atleast two persons. There must be two or more persons to make anagreement because one person cannot inter into an agreement withhimself. (b) Consensus-ad-idem. Both the parties to an agreementmust agree about the subject matter of the agreement in the samesense and at the same time. 2. Legal obligation. As statedabove, an agreement to become a contract must give rise to a legalobligation i.e., a duty enforceable by law. If an agreement isincapable of creating a duty enforceable by law. It is not acontract. Thus an agreement is a wider term than a contract. " Allcontracts are agreements but all agreements are not contracts,"Agreements of moral, religious or social nature e.g., a promise tolunch together at a friend's house or to take a walk together arenot contracts because they are not likely to create a dutyenforceable by law for the simple reason that the parties neverintended that they should be attended by legal consequences Essential Elements of a Valid Contract A contract has beendefined in section 2(h) as "an agreement enforceable by law." To beenforceable by law, an agreement must possess the essentialelements of a valid contract as contained in sections 10, 29 and56. According to section 10, all agreements are contracts if theyare made by the free consent of the parties, competent to contract,for a lawful consideration, with a lawful object, are not expresslydeclared by the Act to be void, and where necessary, satisfy therequirements of any law as to writing or attention or registration.As the details of these essentials form the subject matter of oursubsequent chapters, we propose to discuss them in brief here. Theessential elements of a valid contract are as follows. 1. Offer andacceptance. There must a 'lawful offer' and a 'lawful acceptance'of the offer, thus resulting in an agreement. The adjective'lawful' implies that the offer and acceptance must satisfy therequirements of the contract act in relation thereto. 2. Intentionto create legal relations. There must be an intention among theparties that the agreement should be attached by legal consequencesand create legal obligations. Agreements of a social or domesticnature do not contemplate legal relations, and as such they do notgive rise to a contract. An agreement to dine at a friend's housein not an agreement intended to create legal relations andtherefore is not a contract. Agreements between husband and wifealso lack the intention to create legal relationship and thus donot result in contracts. Try to work out the solution in thefollowing cases and then go to the answer. 3. Lawful consideration.The third essential element of a valid contract is the presence of'consideration'. Consideration has been defined as the price paidby one party for the promise of the other. An agreement is legallyenforceable only when each of the parties to it gives something andgets something. The something given or obtained is the price forthe promise and is called 'consideration' subject to certainexceptions; gratuitous promises are not enforceable at law. The'consideration' may be an act (doing something) or forbearance (notdoing something) or a promise to do or not to do something. It maybe past, present or future. But only those considerations are validwhich are 'lawful'. The consideration is 'lawful'. unless it isforbidden by law; or is of such a nature that, if permitted itwould defeat The provisions of any law; or is fraudulent; orinvolves or implies injury to the person or property of another; oris immoral; or is opposed to public policy (sec.23). 4. Capacity ofparties. The parties to an agreement must be competent to contract.But the question that arises now is that what parties are competentand what are not. The contracting parties must be of the age ofmajority and of sound mind and must not be disqualified by any lawto which they are subject (sec.11). If any of the parties to theagreement suffers form minority, lunacy, idiocy, drunkenness etc.The agreement is not enforceable at law, except in some specialcases e.g., in the case of necessaries supplied to a minor orlunatic, the supplier of goods is entitled to be reimbursed fromtheir estate (sec 68). 5. Free consent. Free consent of all theparties to an agreement is another essential element. This concepthas two aspects.(1) consent should be made and (2) it should befree of any pressure or misunderstanding. 'Consent' means that theparties must have agreed upon the same thing in the same sense(sec. 13). There is absence of 'free consent,' if the agreement isinduced by (i)coercion, (ii) undue influence, (iii) fraud, (iv)mis-representation, or (v) mistake (sec. 14). If the agreement isvitiated by any of the first four factors, the contract would bevoidable and cannot be enforced by the party guilty of coercion,undue influence etc. The other party (i.e., the aggrieved party)can either reject the contract or accept it, subject to the ruleslaid down in the act. If the agreement is induced by mutual mistakewhich is material to the agreement, it would be void (sec. 20) 6.Lawful object. For the formation of a valid contract it is alsonecessary that the parties to an agreement must agree for a lawfulobject. The object for which the agreement has been entered intomust not be fraudulent or illegal or immoral or opposed to publicpolicy or must mot imply injury to the person or the other of thereasons mentioned above the agreement is void. Thus, when alandlord knowingly lets a house to a prostitute to carry onprostitution, he cannot recover the rent through a court of law ora contract for committing a murder is a void contract andunenforceable by law. 7. Writing and registration. According to theIndian contract Act, a contract to be valid, must be in writing andregistered. For example, it requires that an agreement to pay atime barred debt must be in writing and an agreement to make a giftfor natural love and affection must be in writing and registered tomake the agreement enforceable by law which must be observed. 8.Certainty. Section 29 of the contract Act provides that "Agreements, the meaning of which is not certain or capable of beingmade certain, are void." In order to give rise to a valid contractthe terms of the agreement must not be vague or uncertain. It mustbe possible to ascertain the meaning of the agreement, forotherwise, it cannot be enforced Illustration. A, agrees to sell B" a hundred ton of oil" there is nothing whatever to show what kindof oil was intended. The agreement is void for uncertainty. 9.Possibility of performance. Yet another essential feature of avalid contract is that it must be capable of performance. Section56 lays down that "An agreement to do an act impossible in itselfis void". If the act is impossible in itself, physically orlegally, the agreement cannot be enforced at law. Illustration. Aagrees with B, to discover treasure by magic. The agreement is notenforceable. 10. Not expressly declared void. The agreement mustnot have been expressly declared to be void under the Act. Sections24-30 specify certain types of agreements that have been expresslydeclared to be void. For example, an agreement in restraint ofmarriage, an agreement in restraint of trade, and an agreement byway of wager have been expressly declared void under sections 26,27 and 30 respectively. ( Full Answer )
In the UK, an assured tenancy is the usual form of letting if: . Â· you are a private landlord and your tenant is a private tenant; . Â· the tenancy began on or after 15 January 1989; . Â· the house or flat is let as separate accommodation and is the tenant's main home.
Most states require that you be of the age of majority (generally 18) unless there is a legal emancipation or something to that extent.
In a tenancy at will a tenant occupies property with the consent of the owner and pays rent but without a formal, signed lease agreement. It can be terminated by either party with due notice given to the other party according to the state law requirements, usually thirty days.
A landlord can put a witness signature in a lease agreement. Aproperty owner can also sign as a witness to a lease agreement.
Is a copy of a will lacking the signature of the person its for but having witness signatures valid in probate court?
That document in that form is not valid as a will; however, don't give up yet just because of that. There is an outside chance that it could be admitted to probate under the lost will theory. You must see a probate lawyer on this one and find out about the specific laws in that state regarding lost …wills. The lost will theory generally is that if an original document had been signed by the testator and the witnesses, but simply cannot be found, a court, upon certain very strict proofs, might admit the will to probate on the theory that it did exist at one time. Since you use the word "copy" I assume you mean a photocopy of an original document. Since the photocopy bears signatures of the witnesses, it is reasonable to conclude that at least the original will had been signed. The copy becomes evidence of the terms of the will. Some jurisdictions are more strict than others and some may not even permit it. ( Full Answer )
A postmarital agreement must be executed by both parties voluntarily and will not be valid if one of the parties is under duress or coerced in any way.
What is the value of a signed Beatles album from 1963 which is the original LP Please Please Me with all four signatures fully authenticated by a forensic group?
im pretty sure over a $500 maybe even a $1000 considering that 2 of them are dead. $1000 is probly a small amount if they were cheap just keep asking for more till they wont go any higher if they wont go more than $500 than treathen to rip the thing if it's really that authentice they'll rise. ) …Michael ( Full Answer )
It dates from 1534 where it was a kind of document in Scottish law, from signature signatura "sign," in classical Latin, it meant "the matrix of a seal," from signatus, past tense of signare "to mark, sign" meaning "one's own name written in one's own hand" is from 1580, replacing sign-manual (1428)… in this sense. ( Full Answer )
Agreements to agree An "agreement to agree" is not a contract. This type of agreement is frequently employed in industries that require long-term contracts in order to ensure a constant source of supplies and outlet of production. Mutual manifestations of assent that are, in themselves, sufficient… to form a binding contract are not deprived of operative effect by the mere fact that the parties agree to prepare a written reproduction of their agreement. In determining whether, on a given set of facts, there is merely an "agreement to agree" or a sufficiently binding contract, the courts apply certain rules. If the parties express their intention-either to be bound or not bound until a written document is prepared-then that intention controls. If they have not expressed their intention, but they exchange promises of a definite performance and agree upon all essential terms, then the parties have formed a contract even though the written document is never signed. If the expressions of intention are incomplete-as, for example, if a material term such as quantity has been left to further negotiation-the parties do not have a contract. The designation of the material term for further negotiation is interpreted as demonstrating the intention of the parties not to be bound until a complete agreement has been reached. . ( Full Answer )
The estate agent acted as witness to my tenancy agreement. a he signed the witness section 48 hours AFTER with me not present and b can he sign at all. Is this right HELP ME quick as i am about?
Yes, the agent or anyone else can sign the witnesses section, provided that they actually witnessed "your" signature and verified your identity using proper ID.
Generally not. Such a simple error would be considered a scrivener's error, and not be grounds to void the agreement (in most states). Some states have statutes of frauds which require that certain information be correct regardless of any theories of error. See the Related Links below.
yes, techniclly. As long as the rent is being paid. It would almost be like co-signing for someone. Same thing.
Can a landlord remove somebody without a tenancy agreement? Sure!!. A tenancy agreement, however, doesn't have to be written. As long as the landlord accepts money from a tenant for the right to live on the property or unit, the tenancy agreement exists. If the landlord wants to terminate the tenan…cy he may do so but only with proper notice. For example if the tenancy is month-to-month then the landlord can only terminate the tenancy if written notice is given at least 30 days before the next rent is due. If the tenancy is week-to-week, then a week's notice must be given before the next rent is due, to terminate such tenancy.. A landlord may also remove someone whose name is not on a lease or any other tenancy agreement. This wouldn't require such notice because that type of person doesn't have the same rights as the original tenant. ( Full Answer )
Depends on whether either party has signed it. The document may be used as evidence of an agreement that was attempting to be finalized even if neither party has signed it. If only one side has signed it, it can be used to enforce the agreement against the party that did sign it. If work had alre…ady been done in reliance on the contract being signed, it could be used to provide compensation for that effort. . On the other hand. If the document was not signed at all it is of no effect and not valid.. ( Full Answer )
Me and my girlfriend have recently started renting a property under an assured shorthold tenancy agreement for a fixed period of 12 months. . Since moving in my girlfriends health has deteriated which can be confirmed by her doctor. (her health deteriation is due to the condition of the flat) which… can also be confirmed by a surveyors report. . To top this all off our neighbours (in the flat above) are the most loud, ignorant, selfish people i have ever come across, having people over constantly making noise throughout the night until around 5:30 am. . Is there any possible way i can get out of this tenancy ageement, either on the grounds of my girlfriends health, or noisy neighbours or basically anythin!?!im absolutly sick and seeing my gilfriend health suffer is horrible! . please help! . ( Full Answer )
If husband and wife are on the deed can the wife sign a valid tenancy agreement without husbands consent?
No. Both owners must sign the agreement to make it legal and enforceable for both tenant and landlord.
Ideally, do not blindly prepare your rental agreement from a format because you have to customise it to suit your specific requirements. Additionally, depending on the duration and the value of the property, different stamp duties will be payable. It is best if you visit a lawyer to prepare a rental… agreement or visit a dedicated online company. You can try www.vakilsearch.com, they have a comprehensive service at http://www.vakilsearch.com/rental_agreements ( Full Answer )
If you are challenging the signature as valid - tell them to produce the ORIGINAL document that contains your ORIGINAL signature. If they cannot, or will not, you will be able to walk away. Reproduced signatures are not legal for enforcing contracts or agreements. The holder of the the original pape…r MUST be able to produce the original agreement and original signatures. ( Full Answer )
The main method can be declared as either of the below:public static void main(String args) orpublic static void main(String args)
\n. if lease agreement is for 11 months then is it compulsary to rigister the leave and licence agreement
Depends upon the jurisdiction, but in most English speaking countries, a verbal agreement will be enforceable provided both parties "intended to create legal relations". The test is an objective one - would an outsider hearing the verbal agreement take the view that the parties intended to be formal…ly bound to their agreement. ( Full Answer )
Dear All , good day to you i hope to have an draft for the FUNDING AGREEMENT or how i can build it . thanks
I know of no state that requires a written agreement. If a tenant pays money, and a landlord lets them in, that's an agreement.
If a trust agreement is created and you cannot find the original document is the trust valid with the signed but not notarized copies?
You have a problem if the original trustor is deceased and the trust was used to remove property from their estate, especially if the trust holds real estate or valuable personal property such as insurance policies, investment accounts and bank accounts. You may need to bring the matter to court and… get a court order that validates the unacknowledged copy. This is a good reason to record trusts in the land records. You need to consult with an attorney who can review your situation and determine your options under your state laws. ( Full Answer )
The Schengen Agreement is named after the village of Schengen in Luxembourg, on the border with both France and Germany. This is where the original agreement was signed. Schengen is a village in Luxembourg, on the border with both France and Germany. The original Schengen Agreement was signed ther…e, and named after the village. ( Full Answer )
Almost certainly not. You have no way of confirming that it was received. A hard copy slid under the door is the best service, in most jurisdictions. Another copy should also be mailed (regular first-class, not certified).
Probably not. There are very few circumstances where a third party can bind someone to a contract.
Yes, for internet fax service you can electronically affix signature in your email fax documents.
It depends how close a relative. If its your spouse, then almost certainly not. The notary cannot have any stake in the transaction. Familial relationships would likely guarantee a conflict of interest. This is a common problem with notarizations generally. The signature is valid, and the transactio…n notarized could be valid, but it is certainly not best practice. ( Full Answer )
No. A change of name does not affect the enforceability of any contract as against either party.
two people, the one making the will and the person who are the witness to the will so said late it is the real one.
There are a number of legal rules which apply to agreements or contracts, so I cannot say that any signed agreement is valid; but if the agreement meets other requirements for legality, and is signed, then that signature is legally binding. A signed agreement does not have to be witnessed by another… person (for example, anytime you write a check, that is an instruction to your bank to make a payment to another person, and that instruction is validated only by your own signature, with no witness being required) but if the agreement is very important, a witness is desirable as a form of confirmation. ( Full Answer )
No. Tenancy by the entirety is a form of ownership reserved for legally married people . A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed. No. Tenancy …by the entirety is a form of ownership reserved for legally married people . A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed. No. Tenancy by the entirety is a form of ownership reserved for legally married people . A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed. No. Tenancy by the entirety is a form of ownership reserved for legally married people . A deed to a wife and husband that is silent as to the intended tenancy is assumed to create a tenancy by the entirety in Indiana. However, it is always preferred to recite the tenancy on the deed. ( Full Answer )
No, all states in the U.S. require that a Will have at least one witness, and many states require two. Not only that, but witnesses can not be anyone who will benefit under the Will (children, grandchildren, wife, husband, friends who benefit, etc.), must be of legal age (21), and also of sound min…d. Many state laws also require a Notary to witness the Will as well. ( Full Answer )
Can I sign a notice of termination of tenancy for my husband if I own the rental property also but didn't originally sign the rental agreement Notice was given that I handle the finances?
This depends on whether you have a power of attorney over your husband, and to what extent the power of attorney holds. If you are just doing the finances, then you may not have the right to sign the notice of termination tenancy. Besides, I don't understand why you want to sign a termination of ten…ancy on yourself since you are the one owns the property. What you're saying is that you are your husband's landlord. ( Full Answer )
What is the notary fees on transfer of tenancy rights and what are the general lawyer fees for drafting agreement?
When a document needs to be notarized, it can very often be done without a fee. Most banks, for example, provide free notary services to their customers. Attorneys, who frequently need notarized documents, will almost always have someone on the staff who is an official Notary. Though some lawyers w…ill charge a nominal fee to have documents notarized, it is usually reserved for those instances when that is the only service you need from the firm. If, for example, you hire an attorney to prepare a document for you and that document then needs to be notarized, the standard in the profession is to provide that notary service "free," without additional charge. The amount an attorney will charge you to draft an agreement will vary depending on the region, the individual attorney, the complexity of the document, and so forth. To transfer tenancy rights, it is not necessary -- but it is helpful -- to have an attorney help you. You might also check with a local title office. There are forms you can use, fill in the blank, and transfer ownership / tenancy rights, all without a fee (other than filing fees). ( Full Answer )
I don't know Texas law specifically but I believe there is a general principle in renting that once you start to live and pay rent, a rental agreement is in place. Whether that means particular details of the unsigned agreement are in force, I cannot say but it would mean you cannot be evicted (or e…vict) without due process of the law. ( Full Answer )
No, if it is written in the lease or agreement that the electricity is included in the rent, you do not have to pay.
Tenancy agreements often have set phrases and conditions which are the terms and conditions of the tenancy. These should include duration of tenancy and how much is paid per week or month. It should also say who is responsible for what regarding things like the garden or utilities.
The English word assured has a number of meanings, such as guaranteed, bold or as a form of insurance has its origins in Old French, which in turn comes from Latin.
Assuming that a "sample form" for a tenancy agreement is meant here. If so, there are several places where such sample forms for tenancy agreements can be found. One example would be the "Department of Community Services" of Yukon. On their web presence one could find such a sample form that can be …used as template. ( Full Answer )
The purpose of an Assured Shorthold Tenancy Agreement is to protect renters and landlords in rental agreements. The Assured Shorthold Tenancy Agreement was created in 1996.
The best source for legal templates, including real estate templates, like those for a landlord-tenant agreement, is Nolo Press. They print many legal self-help books which are essential for entering any sort of legal agreement.
One can find information on assured short hold tenancy at legal offices, law suites, real estate agencies that rent out houses and offices. You can also find information about assured short hold tenancy at the shelter website.
You have mentioned two types of documents in your question: a contract and a deed of donation. Every jurisdictions has its own laws regarding the proper execution of legal documents. It is not generally necessary for the "attorney" to sign unless she is the donor. The usual requirements require the …signatures of the donor, witnesses and the signature of a notary who acknowledges that the document was signed by the donor. You need to check the laws in your particular jurisdiction. ( Full Answer )
Well Canada was being made into territories and provinces whenConfederation was being put into place as well as after. Geographyis the land so, the split provinces becoming smaller provinces hassomething to do with it. John.A Macdonald was the biggest key partof Confederation. He and the other key p…arts of Confederationdecided it was right to make the provinces smaller. ( Full Answer )
The cast of Shorthold Tenancy - 2011 includes: Carchon Lieve as Mother Yuna Shin as Hye-Sook