Our 12 month fixed tenancy agreement ended on the 1st October. We were due to make a new 12 month agreement with slightly raised rent before the current agreement expires, but we were away and just now able to proceed. The tenant paid the rent in October already. The tenant had the Guarantor and will need the one again. So, the question is if we are able to backdate the tenancy agreement starting from the 1st October or if it is more straightforward to have 1st Nov as a start of the new tenancy agreement. We always have a fixed term for 12months agreements back to back, but now we will have maybe 1 months on rolling? Does Open rent agreement allow to populate the template with the backdated dates? Can an agreement be done retroactively? thank you G&G
You won’t be able to backdate a tenancy agreement or a rent increase. Now your tenant has made the October payment your tenancy agreement has now become a monthly periodic tenancy. You can offer the tenant a new agreement for a further 12 months
with an increase in the rent starting the 1st December. Alternatively, the tenant can stay on the original tenancy which is now a monthly periodic and you can increase the rent starting 1st December. You should have made arrangements to renew the tenancy before you went away .
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You dont need a new tenancy agreement to increase the rent. You simply need a s13 notice whilst the tenancy is periodic.
New tenancy agreements are rarely in anyones interest, especially yours.
thank you for your reply.