Agent wants me to sign a backdated tenancy?!

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    Agent wants me to sign a backdated tenancy?!

    Hi all

    I have a tenant on a 12-month AST now lapsed: I was chasing my lettings agent 2 months before end of said AST to ascertain if the tenant was staying. They never got back to me and the tenancy ended up going into a periodic one. They are saying the tenant has been slack signing their 'extension document', basically a 1-pager saying "I agree to a further fixed 12-month term on the same terms as the original AST".

    They are saying I and the tenant should just sign this extension document now, however I am not keen as:

    1) it means signing a back-dated document pretending the periodic tenancy never happened and there was no gap (which sounds dodgy to me - any agreement should only apply from the day it is signed)

    2) I would much rather have a proper AST in place rather than this 'extension agreement', e.g. if I ever need to show to a mortgage company, insurance, etc. to evidence a current AST in place.

    Thoughts, am I being reasonable?

    #2
    Why do you want another fixed term? There's a lot to be said for periodic tenancies, which the tenant now has

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      #3
      1) You cannot backdate a legal term. If you sign an agreement purporting to start a tenancy on a date in the past it in fact starts on the date of the agreement. So, a term expressed to be from 1st January to 30th June or expressed to be for six months from and including 1st January, but made on 1st February, will be an agreement for a term starting on 1st February and ending on 30th June. Since that is the case, there is no point backdating the start date, but equally no harm.

      2) If done correctly the practice is commendable.

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