Contractual Law, Signing a Document.

sebastianlieken

My query is regarding a 12 month lease agreement for a 2 bed apartment.

There are three lines at the end of the lease agreement, the first is for "tenant", the second is for "tenant", and the third is for "landlord".

Three documents have been signed up by all three parties, however, I signed incorrectly on the "landlord" line (I was tired) on all three documents. The letting agent rolled his eyes and said it would be grand and that he'd amend it before the landlord signed it aswell.

From a strictly legal point of view, is this document binding or potentially void?

Tom Young

What do you think?

You've been a tenant how long now?

sebastianlieken

Honestly I don't think it would matter in the slightest, I would think it's still binding but then again I've never studied any form of law.

It doesn't hurt to ask the question though does it?

That's why I came to you fine people to substantiate my best guess.

Also, I've been a tenant at the current residence for 6 months. If you mean how long have I been a tenant in general, then 4 years - but I'm guessing if that was your question it was purely rhetorical.

Carawaystick

I'd imagine, and I'm not a lawyer, that if your landlord signed second and didn't sign in the clearly marked tenant section, then the contract would be read as it was clearly intended.

Otherwise, you'ld have to fulfil the obligations of the landlord, and he'd have to pay you.....

And you'd have to register the tenancy....

NoQuarter

Its binding, the law isn't that dumb.

the world wonders

https://en.wikipedia.org/wiki/Hartog_v_Colin_%26_Shields

tl;dr: obvious typos and drafting errors in contracts are not binding. The only possible interpretation of the contract, seeing as you do not own the property and therefore cannot act as landlord, is that you agreed to be a tenant.

sebastianlieken

okie doki, thanks for your answers guys! I think i've taken the quote from suits somewhat too literally.

"The rules dictate that you must be precise, as the law is precise"

You always hear these stories about people getting off speeding fines because the officer wasn't wearing his hat, or charges not sticking because an officer filled the warrant in incorrectly etc...

Just wondering how precise the law is in this regard. What I think is completely irrelevant, the only relevancy is what the law says.

the world wonders

sebastianlieken wrote: »

okie doki, thanks for your answers guys! I think i've taken the quote from suits somewhat too literally.

"The rules dictate that you must be precise, as the law is precise"

You always hear these stories about people getting off speeding fines because the officer wasn't wearing his hat, or charges not sticking because an officer filled the warrant in incorrectly etc...

Just wondering how precise the law is in this regard. What I think is completely irrelevant, the only relevancy is what the law says.

Well the law in this situation is the Residential Tenancies Act 2004 and that law does not have any precise stipulations about exactly how a lease needs to be signed. In the case of an arrest or search warrant, the laws specifically require the exact person/address/date to be specified in the warrant (and for good reason too).

234

sebastianlieken wrote: »

okie doki, thanks for your answers guys! I think i've taken the quote from suits somewhat too literally.

"The rules dictate that you must be precise, as the law is precise"

You always hear these stories about people getting off speeding fines because the officer wasn't wearing his hat, or charges not sticking because an officer filled the warrant in incorrectly etc...

Just wondering how precise the law is in this regard. What I think is completely irrelevant, the only relevancy is what the law says.

The garda not wearing his hat thing is a complete urban myth. It has never actually happened.

When it comes to something as important as search warrants, which necessarily involve an encroachment on the constitutional inviolability of your dwelling, the yes the law does insist on a great deal of precision. If you are going to burst into somebody's house the least you can do is get the address right.