Avoid Costly Mistakes – Expert Advice on Docusigning a Tenancy Agreement the Right Way
In today’s digital world, tenants and landlords are increasingly turning to electronic signatures to streamline tenancy agreements.
DocuSign, one of the most trusted e-signature platforms globally, allows both parties to sign legally binding rental contracts online without ever needing to meet in person or print a single page.
While the convenience of Docusigning a tenancy agreement is undeniable, it’s vital to understand the legal, practical, and procedural aspects before hitting that final “Sign” button. Failure to do so could lead to costly disputes, misunderstandings, or even an invalid agreement.
In this guide, we explain everything you need to know about using DocuSign for tenancy agreements in the UK, with expert-backed advice tailored for both tenants and landlords.
Why DocuSign Has Become So Popular in Lettings
Docusign has surged in popularity in the lettings industry for several reasons:
- Speed: Agreements can be signed in minutes rather than days.
- Remote Signing: Ideal for long-distance tenancies or overseas landlords.
- Audit Trail: It provides a digital footprint that can be used as evidence if disputes arise.
- Legally Binding: In the UK, e-signatures are valid under the Electronic Communications Act 2000 and eIDAS Regulation.
- Environmentally Friendly: No need to print, post, or scan paperwork.
But the same efficiency that makes e-signing attractive can also hide dangers if either party fails to scrutinise the document properly.
Can a Tenancy Agreement Be Signed Electronically?
Yes. In England and Wales, tenancy agreements are considered legally binding if signed electronically, provided both parties consent. The contract must include:
- A clear intent to create legal relations
- Accurate identification of parties
- A precise description of the property
- Start and end dates (or clear terms if periodic)
- Rent amount and frequency
DocuSign ensures these conditions are met by locking in dates, timestamps, and signatories in the final PDF version of the document.
Common Mistakes to Avoid When Using DocuSign for Tenancy Agreements
Not Reading the Full Agreement Before Signing
Too many tenants and landlords scroll to the signature section and sign blindly. Always read every clause – especially break clauses, deposit rules, and repair obligations.
Incorrect Parties or Details
A misspelled name or wrong address can make a contract unenforceable. Always verify that:
- All tenant names are listed correctly
- The landlord is legally entitled to let the property
- The address and property description are accurate
No Inventory or Check-In Report Attached
These documents are crucial, particularly for deposit disputes. Always attach or refer to the inventory before signing.
Signing Before Holding Deposit Terms Are Agreed
If a holding deposit has been paid, the terms must be outlined and agreed before any digital signature. Otherwise, one party may wrongly assume they have secured the property.
Unclear Special Conditions
Any agreed extras (like garden responsibilities, pet permissions, or rent discounts) must be written in the contract before it’s signed via DocuSign.
Forgetting to Download the Final Signed Copy
Once all parties have signed, DocuSign generates a completed PDF version of the contract. Always download and store this version safely.
Best Practices for Landlords Using DocuSign
- Use a legally drafted tenancy agreement – Don’t rely on outdated or DIY templates.
- Check for legal compliance – Ensure the agreement meets current housing laws (e.g., deposit registration, HMO rules).
- Time-stamp the signatures – DocuSign does this automatically, but ensure you wait until all parties have signed before taking further action.
- Store digital records securely – Treat your e-signed documents as sensitive legal files.
Best Practices for Tenants Using DocuSign
- Request a copy of the contract before signing – Don’t feel pressured to sign instantly.
- Check deposit protection details – The contract should mention which scheme is used.
- Look for clauses on repairs, utilities, and notice periods – Don’t assume verbal agreements are enforceable if not written into the contract.
- Ask for clarification if unsure – Agents or landlords should explain unclear terms before signing.
Is a DocuSign Tenancy Agreement Enforceable in Court?
Yes. UK courts recognise properly executed e-signature contracts, including tenancy agreements. DocuSign stores the full audit trail – showing when the agreement was viewed, signed, and by whom. This can be invaluable in any legal dispute.
However, the enforceability also depends on whether the content of the agreement complies with letting laws. An illegal clause (e.g., asking a tenant to pay for all repairs) won’t be upheld, regardless of how it was signed.
What If One Party Refuses to Use DocuSign?
While e-signatures are valid, mutual consent is required. If a landlord or tenant refuses to sign electronically, you must revert to a physical (wet-ink) signature. However, most professional letting agents and landlords now accept digital contracts, particularly in urban markets.
Changing a Tenancy Agreement After It’s Been Signed on DocuSign
Any post-signature amendments require all parties to sign a variation agreement. You cannot just re-upload the original document with new changes. This is a common mistake and can render the update unenforceable.
Can DocuSign Be Used for All Tenancy Types?
Yes, but some care is required. You can use DocuSign for:
- Assured Shorthold Tenancies (ASTs)
- Company Lets
- Periodic Tenancies
- Short lets and holiday rentals
However, guarantor agreements, witnessed documents, or Deeds may need additional steps like identity verification or digital witnessing.
Tips for Guarantors Signing Tenancy Agreements on DocuSign
If a guarantor is involved, ensure:
- They are emailed a separate guarantor agreement
- They have time to read and understand the liability
- Their signature is timestamped and identifiable
Note: Some legal experts recommend that guarantor agreements be witnessed physically to reduce the risk of challenge in court.
What Happens After Everyone Signs on DocuSign?
- All parties receive a final copy of the agreement via email
- Letting agents or landlords will confirm the start date, key collection, and payment terms
- The tenancy becomes legally binding from the agreed start date, not necessarily the date of signing
Red Flags to Watch Out For
- The agreement has no landlord address (required under Section 48 of the Landlord and Tenant Act 1987)
- Break clause is missing or one-sided
- Deposit not mentioned or registered
- Document asks for upfront payments before signature
- Terms are vague, like “rent subject to change”
Always seek clarification if anything feels rushed or unclear.
Final Thoughts
Docusigning a tenancy agreement is fast and legally valid in the UK. But both landlords and tenants must treat it as seriously as a wet-ink signature. Once signed, it’s binding.
Take time to review, clarify, and understand what you’re agreeing to. Ensure all information is correct and complete before signing. If used correctly, DocuSign can offer speed, convenience, and legal security—but if used carelessly, it can lead to expensive legal disputes and unpleasant surprises.
FAQs on DocuSigning a Tenancy Agreement
Is a Docusigned tenancy agreement legally binding in the UK?
Yes. Under UK law, electronic signatures are legally binding, including for tenancy agreements, as long as the terms are clear and both parties consent.
Can a landlord force me to sign digitally via DocuSign?
No. You must voluntarily agree to sign electronically. If you prefer a physical signature, the landlord must accommodate that.
Can I change my mind after Docusigning?
Once all parties have signed, the agreement is binding. You cannot simply back out unless there is a break clause or mutual consent.
Do I need a witness to sign a tenancy agreement on DocuSign?
Not usually. Most tenancy agreements, especially ASTs, do not require witnesses. However, some guarantor agreements or company lets may.
What happens if my name is misspelled in the DocuSign contract?
Even small errors can create legal ambiguity. Raise it immediately and request a corrected version to be reissued before signing.
Can I sign a tenancy agreement from overseas using DocuSign?
Yes. That’s one of its main benefits. DocuSign works globally and complies with UK law for tenancy agreements.
Is it safe to sign such important documents online?
DocuSign uses encrypted transmission and secure audit trails. It’s widely used in banking, legal, and real estate sectors.
Can DocuSign track who signed first or last?
Yes. The full audit trail shows every timestamp and sequence, making it ideal for resolving disputes.
Is the final signed version stored permanently?
It’s emailed to you, and DocuSign stores it for a limited period (depending on settings). Always download and back up your copy.
What if I never received the final signed version?
Check spam folders and contact the sender. They can resend it through the platform, or give you a direct download link.
If you’re about to Docusign your next tenancy agreement—pause, read carefully, and get advice if needed. Convenience should never come at the cost of caution.
The British Landlords Association is a national landlords’ association for UK landlords. It is one of the largest landlord associations in the UK. Join us now for £79.95!
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