Help - agency want a backdated TA signed

weenieangel

Hi All

I moved into my property Nov 2004 and signed a 12 month agreement until Nov 2005, I have not been provided with any other documents snce that expired and have continued to live here, pay rent and have contact with the agency.

However they now want me to sign an extention of tenancy and have dated it Nov 2008 for six months until May 2009 ?? my original agreement was 12 months and as we are now in Feb 09 if i signed that would mean i only have security of living here for 3 months until May not rent increase or anything has been added but i am loath to sign just in effect for 3 more months - can they legally make me sign a document that they have the start date 3 months prior ?

Many Thanks

poppysarah

No.

Utterly wrong.
Do you have a gas safety certificate?

poppy10_2

No. You don't have to sign anything. You are currently on a periodic contract which means the LL has to give you two months notice anyway. You have no obligation to sign anything.

barnaby-bear

weenieangel wrote: »

Hi All

I moved into my property Nov 2004 and signed a 12 month agreement until Nov 2005, I have not been provided with any other documents snce that expired and have continued to live here, pay rent and have contact with the agency.

However they now want me to sign an extention of tenancy and have dated it Nov 2008 for six months until May 2009 ?? my original agreement was 12 months and as we are now in Feb 09 if i signed that would mean i only have security of living here for 3 months until May not rent increase or anything has been added but i am loath to sign just in effect for 3 more months - can they legally make me sign a document that they have the start date 3 months prior ?

Many Thanks

Odd most LLs want to leave people like you on rolling (periodic) default contracts which is what you have (it's two months notice on rent day from LL or one month from you).... if a new paper contract drawn up they would have to put your deposit in a deposit scheme and probably do the HIPs enegery thing... lots of faff and paperwork...

barnaby-bear

weenieangel wrote: »

Hi All

I moved into my property Nov 2004 and signed a 12 month agreement until Nov 2005, I have not been provided with any other documents snce that expired and have continued to live here, pay rent and have contact with the agency.

However they now want me to sign an extention of tenancy and have dated it Nov 2008 for six months until May 2009 ?? my original agreement was 12 months and as we are now in Feb 09 if i signed that would mean i only have security of living here for 3 months until May not rent increase or anything has been added but i am loath to sign just in effect for 3 more months - can they legally make me sign a document that they have the start date 3 months prior ?

Many Thanks

Legally new ASTs have to be a min. 6 months - which is why shorter lets are usually holiday lets etc. and why ASTs always start with a fixed term....

weenieangel

Thanks all - still confused though.......... i think the agency have been slack to say the least in not renewing my expired 2005 tenanacy BUT i think they have taken this stance as my boiler and hot water has not been working properly for 5 months and i have had 8 engineer visits ( by my LL Maintenance company i should add ) so i think this is what has alerted them to my file as i MAY now finally get a new boiler

What do u think my draft response to agency would be ? that i would sign a further 6 months if dated today ? or would i also need to ask where my deposit will go as per the post ( thank you didnt know about that )

weenieangel

sorry to add - the new document is not a new tenancy agreement - just one page saying that from Nov 2008 i agree to a continuation of 6 months - which will expire May 09 - does this have an impact ?

Thanks again

tbs624

barnaby-bear wrote: »

Legally new ASTs have to be a min. 6 months - which is why shorter lets are usually holiday lets etc. and why ASTs always start with a fixed term....

With effect from Feb 1997, ASTs do not have to be for a min period but, in the absence of a specific breach on the T's part , the LL can't seek a court order for repossession until a 6 month period is up.

tbs624

weenieangel -just checking, are you in Scotland or Eng/Wales?

olly300

Firstly never ever sign a backed dated contract of any kind. It can easily screw you up legally.

Secondly if you are having heating and hot water problems then the LA may be worried about you giving them one month's notice so I would just ignore it.

If they chase you up about it then tell them:
1. You never sign back dated agreements so they need to draw one up from today's date.
2. You will not sign a tenancy agreement until you have had your heating and hot water problems fixed, and have had no issues with them for 30 days.

weenieangel

Thanks for all the replies - I am in England.......

I will draft a letter i think stating what has been advised that i will sign a 6 month agreement from todays date not the one starting from nov 08 to may 09 ( although i would prefer if they can another tenancy agreement for 12 months rather than an extention form ) and that i will sign it once heating / water probs solved for 30 continious days.

Thanks again everyone