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ollie plimsolls

Backdated A S T Rental Contract

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Hi

Wondering if anyone has any knowledge regarding my situation of a backdated contract.

Spoke to my landlady last weekend and she told us she was thinking of putting the house we rent from her on the market. She's a head teacher and we rented privately from her when she moved away for work.

Her plans were obviously more advanced than she let us think as three days later we've received some post from her confirming her intentions to sell, asking if we are interested in buying and saying she will want possession of the house in June 2011.

Now if she wants to sell then fine, she is way overpricing and will not shift it. So be it.

Now the relevant part if you are still here, she has included an AST for 6 months backdated from 28/12/10 so that it finishes at the time she wants possession.

If I sign this today, 02/03/11, and date it does it apply from today or the artificial date she applied?

So could we get 6 months from now or would her 4 months actually be enforcable?

I realise I don't have to sign a new contract as we are currently on a rolling contract but some extra time might be useful if we can get it.

Sorry it's a bit long winded, any info is appreciated.

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Hi

Wondering if anyone has any knowledge regarding my situation of a backdated contract.

Spoke to my landlady last weekend and she told us she was thinking of putting the house we rent from her on the market. She's a head teacher and we rented privately from her when she moved away for work.

Her plans were obviously more advanced than she let us think as three days later we've received some post from her confirming her intentions to sell, asking if we are interested in buying and saying she will want possession of the house in June 2011.

Now if she wants to sell then fine, she is way overpricing and will not shift it. So be it.

Now the relevant part if you are still here, she has included an AST for 6 months backdated from 28/12/10 so that it finishes at the time she wants possession.

If I sign this today, 02/03/11, and date it does it apply from today or the artificial date she applied?

So could we get 6 months from now or would her 4 months actually be enforcable?

I realise I don't have to sign a new contract as we are currently on a rolling contract but some extra time might be useful if we can get it.

Sorry it's a bit long winded, any info is appreciated.

Ollie,

IMO, don't bother with this. As you've been informed that you have to leave anyway, you're better off reserving your right to give one months notice (under the current statutory period) should you find alternative accommodation sooner. She's just trying to guarantee herself rent from you until she needs possession. I suggest that you ask her to serve the requisite two months notice (she must give) as and when she wants the property vacant, unless you have already given notice. In the meantime, get looking for a new place - assuming you don't want to buy it, of course!

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Ollie,

IMO, don't bother with this. As you've been informed that you have to leave anyway, you're better off reserving your right to give one months notice (under the current statutory period) should you find alternative accommodation sooner. She's just trying to guarantee herself rent from you until she needs possession. I suggest that you ask her to serve the requisite two months notice (she must give) as and when she wants the property vacant, unless you have already given notice. In the meantime, get looking for a new place - assuming you don't want to buy it, of course!

Agree with the above, do nothing at all, if you want to move then look for a new property and give her the one months notice and leave with a void until it sells (ha ha) or if you dont want to, throw the AST in the shredder, sit tight and when June rolls around and you havent been given notice, politely explain you require 2 months as per the law.

Personally i couldnt be bothered with the agro and would be off somewhere else but i understand that isnt always practical so if not, play hardball

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Agree with the above, do nothing at all, if you want to move then look for a new property and give her the one months notice and leave with a void until it sells (ha ha) or if you dont want to, throw the AST in the shredder, sit tight and when June rolls around and you havent been given notice, politely explain you require 2 months as per the law.

Personally i couldnt be bothered with the agro and would be off somewhere else but i understand that isnt always practical so if not, play hardball

This might be slightly controversial on this board, but perhaps this landlady is being fair and open. It sounds like she has already given you notice of 4 months rather than the 2 months she is obliged to, and is also giving you the option, should you choose to take it, of ensuring you get the whole 4 months. You could, as the others have said, not commit to stay for the 4 months - you at least have a bit of time to look for alternatives and can give one month notice at any time between now and May.

If you might be interested in buying it, suggest she puts it on the market from now (but viewings only at your convenience). By May/June she may accept a reasonable price. She may even decide not to sell when the asking price offers don't come rolling in in the first month or so. The most frustrating thing for you would be to see the house sat empty and for sale for months after you've had the disruption and cost of moving.

Y

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This might be slightly controversial on this board, but perhaps this landlady is being fair and open. It sounds like she has already given you notice of 4 months rather than the 2 months she is obliged to, and is also giving you the option, should you choose to take it, of ensuring you get the whole 4 months. You could, as the others have said, not commit to stay for the 4 months - you at least have a bit of time to look for alternatives and can give one month notice at any time between now and May.

If you might be interested in buying it, suggest she puts it on the market from now (but viewings only at your convenience). By May/June she may accept a reasonable price. She may even decide not to sell when the asking price offers don't come rolling in in the first month or so. The most frustrating thing for you would be to see the house sat empty and for sale for months after you've had the disruption and cost of moving.

Y

She wants her cake and to eat it, shred the new contract, tell her you want the rent reducing, say a third off, for the inconvienience of viewings which you agree to only at a time suitable to yourself and on the condition the rent is reduced. Set up somewhere for when the 4 months are up. As for notice, telling you shes selling isn't correct notice. She wants to get is so she has an income until she expects to have sold by but also be able to get you out when it's convienient for her. Stuff her, she wants she has to take some as well.

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She wants her cake and to eat it, shred the new contract, tell her you want the rent reducing, say a third off, for the inconvienience of viewings

Where did the OP say that the LL wanted to conduct viewings before the tenant had left.

My reading of the post is that the LL has set a date in June for the tenant to leave so that she can put it up for sale at that date.

tim

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Backdating a document can mean two different things:

1. The dating of a document which is not dated because you never got round to writing the date in. If you backdate the document by putting in the date you ought to have put it in there is no problem.

2. The dating of a document to give the impression that it took effect before it actually took effect. You should not do that.

Different is an agreement whose purpose is to set out in writing the terms of a contract that has already been concluded. In such a case the agreement should be dated currently, but can state that the arrangement began earlier.

So, if your tenancy started 28/12/2010 there is no harm in signing an agreement dated currently which confirms that.

On the other hand, a legal term cannot be backdated. If your tenancy did not start until, say, 25 /01/2011, signing an agreement that says it started 28/12/2010 will not backdate its start date. However, if the agreement states that the term is for six months from 28/12/2010, then the fixed term still ends six months from that date. The important point though is that your tenancy started on 25/01/2011 and that is the relevant date for the start of the six month period which must elapse before an order for possession of a property let on an AST can take effect.

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Where did the OP say that the LL wanted to conduct viewings before the tenant had left.

My reading of the post is that the LL has set a date in June for the tenant to leave so that she can put it up for sale at that date.

tim

True, but I'd be going after a rent reduction anyway, if she's not happay whats the problem with moving when they are going to have to anyway, so it would then be a case of does she feel lucky, fancy a void and then maybe still not be able to sell. I certainly wouldn't be signing a contract the singular purpose of which is to hold you there for her convienience.

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  • 312 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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