Unsigned tenancy agreements guidance

Tenancies can be created (unintentionally sometimes) without a written tenancy agreement at all and landlords can waive the usual requirement for a tenancy agreement to be signed (eg if someone lacks the physical or mental capacity to sign documents.) This option can help new tenancies start despite the coronavirus challenges.

Things to remember if you take this step:

• Think about how you can be sure that you are signing up the right applicant eg you could:
  - Have a skype call with photo ID
  - Check the verification processes with the NAO – can they vouch for them?
  - Are they a transferring tenant? Can their NHO vouch for them?
• The tenancy agreement is a contract, so new tenants need to understand what they are signing up to
  - Explain the things you would explain at a sign up over the phone or by email
  - Email a copy of the tenancy conditions to have a look at before they sign
  - Post a hard copy of the tenancy conditions (or Tenants Guide)
  - Email /post copies of other key documents you would share at sign up
• It’s important to email (or send a letter to) the new tenant confirming their tenancy start date and that you have explained the tenancy conditions to them and sent them a copy.
• If you confirm in the email why the signature was waived and file the email with the tenancy agreement you will have a record explaining the unsigned TA to future colleagues
• Send / deliver an original copy of their tenancy agreement to the tenant/s
• When you send the TA to the rent support team to set up a rent account explain the signature has been waived

Useful wording

Wording that can be cut and pasted into an email attaching the TA (amend as necessary incl with the usual friendly sign off etc):

Hi ……………

Re: [insert address and tenancy start date as heading]

I have attached a copy of your new tenancy agreement. You would usually be asked to visit the council offices to sign this however, in view of the current coronavirus lock down, the Council is waiving this requirement.

I sent you a copy of the Councils tenancy conditions and asked you to read them carefully. Since then we have agreed your tenancy of the address above. Although your tenancy agreement is unsigned it is still a valid document because it reflects the agreement we have made.

There is more information about your tenancy in our Tenants Guide but please don’t hesitate to contact me if there is anything else I can help with.

Neighbourhood housing officer

Added 7/4/20