My tenant’s AST expired in Nov 20 for covid19 related reasons the AST was not renewed so is now a periodic tenancy. She is asking for a 6mth AST backdated to Nov. Can it be backdated?
It is usually better for the landlord to let the tenancy stay periodic as it gives you more flexibility to serve notice if things turn bad. In your situation I would explain that they are now on a periodic tenancy with the same terms and that the only difference is that they can now serve notice of a minimum of 1 month expiring at the end of a tenancy period and the landlord can serve a notice of 6 months.
The tenant can’t insist on a replacement tenancy and my suspicions would be raised if they tried.
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When i read this i thought. is there an hidden motive ?
This tenant has been in situ for several years now and has asked for 6mths AST each time. The house is immaculate, rent always on time, contact is difficult because she works around the clock but is always available for house inspections etc. I suspect she is a bit autistic hence the need for routine AST renewals etc as her mother is always present if something new is happening eg plumber for CP12. So my question is, the 6mth renewal from last Nov expiring May 21 can it be signed at this late date?
Did you serve all the required documents in advance of the contract she wants to backdate
( You don’t want to invalidate a section 21 etc)
If she wants an AST just sign a new one now
Don’t backdate stuff
There is a new how to rent guide, regs have changed and you can’t backdate that
Will you serve the old how to rent guide or the new one
You open a legal quagmire
If you do sign a new AST don’t forget all the electric regs on a new tenancy
Now its gas, EPC electric cert and the latest how to rent guide v5
Thank you that is very helpful.
You should be aware that if you made a mistake with any deposit she gave you at the beginning, you would be liable for a penalty of up to 3x the deposit value for the original tenancy and EVERY renewal thereafter. That thought alone should be enough to give most landlords pause for thought.
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