Signing tenancy agreement retrospectively?

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    Signing tenancy agreement retrospectively?

    I got a tenant who was put in my property by LA, but I have taken over the management myself since Dec. 17 because of the poor service of LA. This tenant's tenancy agreement has expired on Dec. 17 but when I asked him to renew the tenancy agreement with me, he refused and also refused to pay deposit. He said he will pay rent but he is now 4 months rent in arrears. I have asked him to sign a tenancy agreement a few times but he still refused. I am in the process of getting a possession order and got a hearing on the 15th May. All of a sudden, I got a call from the tenant this morning, he said he needs the tenancy agreement because it is required at job centre. I am just wondering if he is playing any trick with me? The tenancy agreement normally states "the tenant pay a certain amount of deposit, and agree to pay rent on xxday of each month...." , but we already know that he didn't pay deposit, and didn't pay rent ... so he didn't act according to the agreement at all. On the other hand, I think to sign a tenancy agreement with him retrospectively will protect me too, am I right? The question is what kind of agreement shall I give him to sign? or shall I just give the normal agreement to him to sign retrospectively and make a note on the agreement?

    It would be really great to get some advice from you, thanks in advance for your help.

    #2
    NEVER offer a new tenancy to someone in arrears: Unless you can suggest any advantage to you? Giving a new tenancy agreement would blow your possession hearing out of the water.

    His tenancy (original) contract from LA continues, periodic, as long as this names you as landlord. What does that say about deposit - if it says there is a deposit you may be stuffed.

    Is agent still charging his commission?
    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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      #3
      Hi, theartfullodger, thanks very much for your reply. Yes, that's right, it may blow my possession hearing, I didn't thought about that before, thanks. Yes, my name was on the original contract together with the LA. I was told by the LA before that this tenancy is so called "rent in advance", so the tenant used his original deposit to pay his last month's rent during the agreement (that was Nov. last year). I have terminated my contract with the LA so they are not charging anything but they withheld the October rent and November rent last year and still didn't pass the outstanding rent to me. I have complained to the ombudsman but the LA ignores them as well, which is unbelievable! I have also taken the LA to Mcol, LA need to respond by 8th May. but I feel the LA has thick-skin, they may ignore the mcol court as well! whatelse could I do?

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        #4
        If you have a tenant who is not paying rent, don't give them a tenancy agreement.
        If the previous agreement names you as the landlord, the agreement continues regardless of your termination of the agent.
        Simply let the tenant know any parts of the agreement that need updating (if the agent's address or bank details are there for example).

        The tenant can use that agreement for the council.

        In the meantime serve notice and get your property back.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          Originally posted by Gfl View Post
          .... I was told by the LA before that this tenancy is so called "rent in advance", so the tenant used his original deposit to pay his last month's rent during the agreement (that was Nov. last year). .....
          Depending on the exact wording and the views of a judge that might be ruled to be a deposit (see definition ***) - and thus as presumably not protected etc s21 would be invalid & you liable for up to 3x deposit penalty..

          *** See Housing Act 213(8)

          http://www.legislation.gov.uk/ukpga/2004/34/section/213
          ..... “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—

          (a) the performance of any obligations of the tenant, or

          (b) the discharge of any liability of his,

          arising under or in connection with the tenancy.
          - sounds like a deposit to me....

          But you may get lucky: Let us know what court decides!
          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...

          Comment


            #6
            To answer the question even if it does not need answering:

            A document should never be backdated to a date before it is signed.

            A signed document should not be backdated unless dating it has been overlooked and then it should only be dated with the date the parties intended it to take effect.

            You can date a tenancy agreement with a date later than the start of the tenancy. Whether the tenancy starts on the expressed start date depends on various factors, but if the tenancy is for a fixed term the length of term is always calculated from the expressed start date.

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              #7
              Dear all,
              Thanks very much for your help. Phew, I almost made a mistake and put myself on fire!

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