What exactly is the Date of Agreement?

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    What exactly is the Date of Agreement?

    How should it relate (if at all) to the date of signing and the commencement date of the term?
    Assume I know nothing.

    #2
    I have never seen a tenancy agreement have all three.
    Saying that, they does not have to be any correlation between any of them.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      To avoid too many permutations, the following does not take account of cases where a written agreement records an oral agreement already made and assumes it has been agreed that there will be no agreement until formalised in writing signed by both parties.

      The date of agreement is the date the agreement is made. In the absence of agreement to the contrary, a simple agreement (that is one not made by deed) is made when the last signature required is appended to the document. The day on which the last signature is appended (or the agreement otherwise comes into effect) is the day on which the agreement is made and the day which the document should be dated.

      The date of signing is a question of fact and there can of course be more than one date of signing.

      The commencement date is whatever date the parties agree the tenancy begins and does not have to be the agreement date or signature date.

      Comment


        #4
        Lawpack website says:

        Date of agreement

        The agreement can be dated at any time after you and the tenant have signed it. This date should be the same as the date on which the term is to begin.
        So what is the relevance of Date of Agreement?

        I have always assumed that it is simply the date on which the agreement was made and signed. This only really causes me a problem when referring to an as yet unsigned tenancy agreement dated X in a guarantor document as I need to predict when it will be signed. But would it be ok for tenants to sign after the Date of Agreement? Or should I just make it the same as the Term commencement date?

        Is this solved by leaving the signatures undated?

        Or do I need a Date of Agreement at all?

        Would it suffice that a guarantor doc refers to the names of the tenants, address and the date of commencement of the term (I also get the guarantor to sign a counterpart tenancy agreement).
        Assume I know nothing.

        Comment


          #5
          Lawcruncher,

          Thanks. I crossed posts with you.

          So in effect does this mean it would be ok to not have a stated Date of Agreement but date all signatures (or prove when they were signed)?

          Would a guarantor document referring to the tenants names, the address and commencement date - but no stated Date of Agreement - suffice, where the guarantor has also signed a counterpart AST document?
          Assume I know nothing.

          Comment

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