Tenancy execution

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    Tenancy execution

    I'm here to pick your knowledgeable brains again. When renewing a tenancy and the tenant and landlord have signed but the tenancy does not start for 7weeks, when can the tenancy be executed? Does it have to be dated on the start date, or as soon as the landlord and tenants have signed. The tenants are in the forces and will not be there when the new tenancy starts.

    Thank you
    I am here because I am inexperienced and want to learn.

    #2
    The date of signing does not need to be the date the tenancy starts.

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      #3
      Its the date of Execution that I need to clarify. I know the tenancy agreement can be signed and dated before the date of the first day of the tenancy, but what date can it be executed (date to front of agreement)?
      I am here because I am inexperienced and want to learn.

      Comment


        #4
        What do you think executed means in your question?

        Is this to do with accounting or paying commission or tracking targets?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Unless the thing is signed by both parties in your office in front of you as soon as it rolls of the printer, won't there likely by definition be an earlier date on the front of the TA than the date various parties sign it?

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            #6
            I think what you mean is "completed" rather than "executed". A document is executed when all the necessary formalities have been completed. In the case of a simple contract made in writing (i.e. a non-deed) all that is required is a signature. The basic rule is that such a contract is made when both parties have signed it; inserting a date is not essential. However, prior agreement or notice or the circumstances of the case may change that.

            If a tenant is sent a contract signed by the landlord and the accompanying letter says something like: "Please sign the enclosed contract and return it undated. We will let you know when the landlord confirms that the tenancy can be completed", that is a clear indication that signing by the tenant will not complete the contract.

            If a tenant is sent a contract signed by the landlord and the accompanying letter is unqualified and the tenant signs the contract and returns with a letter which says: "I return the contract signed. Please hold it to my order until I telephone to confirm I wish to proceed", that is also a clear indication that signing is not enough to create the contract.

            Where an agreement is be signed as to one part by one party and the other by the other, the implication is that the contract is not made until both parts have been exchanged.

            In practice it can all get very messy. In the case of short term residential tenancies especially so since writing is not actually needed to create a contract.

            If boredbird could indicate what problem s/he perceives may arise then we can comment further.

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              #7
              Sorry may be using the wrong terminology........... when tenants come in to sign the initial agreement and all is signed and witnessed and agent signs on behalf of the landlord (his request) then the document is "excecuted or made live, by the date being hand written to the front of the agreement (red)

              This agreement is made the 1 day of July 2014

              tenants come into the agents today and sign the renewal that is not due to start untill say 1 July, agent signs as the landlord as per landlords instructions. The date then to be filled in on the front of the agreement, can that be dated today? or does it have to be dated on the day the renewal starts?

              Sorry if this does not make sense.
              I am here because I am inexperienced and want to learn.

              Comment


                #8
                I think I already answered that.

                Originally posted by JK0 View Post
                The date of signing does not need to be the date the tenancy starts.
                Originally posted by JK0 View Post
                Unless the thing is signed by both parties in your office in front of you as soon as it rolls of the printer, won't there likely by definition be an earlier date on the front of the TA than the date various parties sign it?

                Comment

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