Backdated tenancy contract

Good day, All,

My tenants’ tenancy contract expired on 28 August 2024. We agreed on the new contract terms on WhatsApp on 31 August, though both parties have yet to formally sign the contract. Can I backdate the contract start date from 28 August, or can the start date not be from the past?

Thank you.

No, your contract will have ‘rolled into’ a periodic tenancy upon the same terms, conditions & rent level as it was before.

You can sign a new tenancy agreement to start today / on any future date if you wish, but you do not need to do so… it can be left to roll on forever, and you still have the option to increase the rent level, if this was your intention.

Hi Karl11, thank you for replying. We mutually agreed on a rent increase but I was away and have not been able to send the contract. Am I correct is assuming that If I start the new contract from today with the new rent then the old rent would apply to the past 8 days of this month under the previous contract terms?

Thank you

I would just increase the rent from the ‘next rent repayment date’. Keeping it simple in full months.

Kish, you don’t have to do anything at all. Your tenancy continues periodic and if the T has agreed the new rent increase and starts paying it, it becomes legally binding on them to continue. It doesn’t matter that the original AST states a different rent. Simply ask your Ts to pay the increased rent from the next payment date and you’re all set. Simples.

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