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View Full Version : Quick one - Tenancy Renewal - can you be an early bird?



templar018080
07-10-2011, 14:39 PM
Hello guys, :(hi):

When a tenancy draws to the end of its fixed term, is it feasible or acceptable in the eyes of law, to have the parties sign a new agreement, say 1 or 2 months before the fixed term end date?

The new renewed Tenancy agreement is still dated the day after the end of the previous one, as normal... but the date it is actually signed will be one or two months prior to it taking effect.

...or must the renewed contract be signed on the same date it is effective from?

All thoughts are welcome.

Thank you

Lawcruncher
07-10-2011, 15:19 PM
There is no reason why a new agreement should not be signed before the current one expires. If you do this the agreement should not be post-dated. The agreement should provide for the new term to start on the day after the current one expires.

LesleyAnne
07-10-2011, 15:28 PM
Or the other option, do not renew at all and let the tenancy become periodic!

templar018080
07-10-2011, 18:28 PM
Thanks guys,

@Lawcruncher:
when you say should not be post-dated are you referring to the date you write next to your signature?

So an acceptable example would be:

End of current fixed term: 9th December 2011
As of today, 7th October, new agreement drawn up with start date: 10th December 2011 - tenant and landlord sign on the dotted line today, writing the 7th October next to their signatures.

perfectly valid?

Lawcruncher
07-10-2011, 18:58 PM
Thanks guys,

@Lawcruncher:
when you say should not be post-dated are you referring to the date you write next to your signature?

So an acceptable example would be:

End of current fixed term: 9th December 2011
As of today, 7th October, new agreement drawn up with start date: 10th December 2011 - tenant and landlord sign on the dotted line today, writing the 7th October next to their signatures.

perfectly valid?

More or less, yes.

The date of an agreement and the date someone signs it are not necessarily the same thing.