Here is a question to the blog clinic from Simon who is a landlord
Joint tenancy due for renewal but one tenant is too ill to attend. Can one tenant sign on the others behalf with a letter of authority?
Answer
Strictly speaking, only if they have power of attorney, which I doubt they do.
My advice would be either to wait until the tenant is well enough to attend, or arrange to have the tenant sign the form at home.
If you allow the other tenant to sign on their behalf, this may not be considered sufficient to bind the ill tenant – for example if you need to sue them for unpaid rent.
In which case, probably either
- the tenant who signed will have become the sole tenant and the other occupiers will be lodgers or
- the renewal form will not take effect
If you decide to wait and the fixed term ends before the ill tenant is able to sign, this is not a big problem, as the tenancy will just continue as a periodic tenancy until the replacement form is signed and takes effect.
Scotland treads where England doesn’t (bother) again. Changes to the way that leases can be signed in Scotland now:
http://www.tcyoung.co.uk/blog/2015/private-landlord/changes-to-the-way-leases-can-be-signed
That’s interesting. It would be good if they updated the law on signature of documents in England as it is still rather in the dark ages.
However I have always been of the view that you can have multiple counterparts if the tenancy agreement authorises this. http://www.landlordlawblog.co.uk/2012/01/16/signing-tenancy-agreements-online/
My immediate thought is that if the ill tenant can sign a letter of authority he can sign a tenancy agreement. There is no need for either tenant to “attend” anywhere. The idea that everyone needs to sign together is widespread, but wrong.
Apart from that I do not think a power of attorney is needed to sign a tenancy agreement (assuming of course it is not a deed). Letting agents regularly sign tenancy agreements for landlords without being given a power of attorney so there is no reason why a tenant cannot appoint someone to sign on his behalf.
Writing is of course not needed at all, but in the case of a renewal (and inded in any event)is highly desirable. Even where the tenancy is granted by deed there is, strictly, no need for the tenant to sign anything. It is almost always done though as it is the best evidence that the tenant accepts the grant. However, acceptance can be evidenced by other means, for example the tenant going into possession or accepting the lease document. See further below.
The fact that writing is not required either for the grant or for and agreement to grant/take a short term tenancy is both good and bad. It is good because it minimalises the formalities and reduces the possibility of tenants going into possession and then finding they have no tenancy. It is bad because doubt can often arise as to whether there is an agreement or not and both landlords and tenants can find they have bound themselves without meaning to. Doubt in oarticular arises on renewals when the tenant signs and returns the counterpart but gets no part signed by or on behalf of the landlord in exchange.
“Even where the tenancy is granted by deed there is, strictly, no need for the tenant to sign anything.”
In precedent case law, the Law of Property Act applies to deeds and they require a signature in the presence of a witness.