Backdating an AST - is this allowed?

bekkithedevil

Morning All!

After a little bit of advice before I write a letter to my letting agents.

My contract (a 12 month AST) expired a few days ago. Last year, the letting agent backdated the new contract, so that there was no rolling contract in between.

Due to staff shortages the agents have not yet prepared my new contract, but have told me that when they do they will backdate it. Is this allowed? I was under the impression that I would just be on a one month rolling contract until I signed a new AST or I left, or the landlord wanted rid of me

To make this a bit more interesting the rent is increasing by £25 a month. The rent that was due on the 10th Jan I paid at the old amount rather than the new, higher, amount as I have no contract telling me the new amount (though the agent has told me verbally). Is this ok?

My plan is to write to the agent stating I have assumed I'm on a rolling contract at the lower rental rate until I sign the new, not backdated AST for a further 12 months.

Any advice is much appreciated! If I've left anything out please let me know

Thanks very much

Bekki

DVardysShadow

Do you actually want a new agreement or would you prefer to let the agreement go periodic [rolling]? Does the Agency charge you a renewal fee?

It is 'allowed' for an agreement to be backdated, but it requires mutual agreement. If they charge you a renewal fee, I would suggest that you should refuse to allow this - and if the rent is rising, there is another reason to refuse. And if you don't want an annual agreement, just let it go periodic - there are procedures for the Landlord to raise the rent on periodic tenancies.

corbyboy

At the minute you are on a periodic tenancy no matter what the agency tells you. They can backdate it if they want, but only if you agree.

Kicking up a fuss might cause more hassle than it's worth. At least if you sign you will have security for another year. Unless you want to stay on a periodic tenancy?

bekkithedevil

Thanks both.

They've sent me a new contract in the post, backdated to the 11th. I think I'll ask about it not taking effect until next month, but not kick up a fuss if they refuse - I'd rather keep the house!

Want to stay on AST for security. They charge a fee of £60 to do the new contract, so I'll push back a little and see how they respond!

Thanks again

Bekki

N79

Yet another muppet agency. To any LL's reading this - don't do this.

It could make serving a S21 with any precision impossible because of the part periodic period and the fact that it would be impossible to know if a court would honour the "backdated" start date or would use the periodic tenancy surrender date as the start date (as two tenancies could not co-exist at the same time!). Once this mess is created a LL would have to rely on a longer notice period and a saving clause in any S21 notice - not a good position to be in!

Wee_Willy_Harris

N79 wrote: »

Yet another muppet agency. To any LL's reading this - don't do this.

It could make serving a S21 with any precision impossible because of the part periodic period and the fact that it would be impossible to know if a court would honour the "backdated" start date or would use the periodic tenancy surrender date as the start date (as two tenancies could not co-exist at the same time!). Once this mess is created a LL would have to rely on a longer notice period and a saving clause in any S21 notice - not a good position to be in!

Depends when he serves notice. if he serves within the fixed period to expire after the end of the fixed period, as long as it's 2 months then he's good to go.