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England | Start of a Tenancy (England) | Tenancy Agreements (England)

Retrospective Assured Shorthold Tenancy Agreement

21 Feb 2022 | 1 comment

I have been asked to prepare a written AST tenancy agreement as regards a tenancy which actually began in 2018. Can I just provide a normal agreement reflecting what was agreed orally at the time, but with amendments such as removal of reference to the Tenant Fees Act 2019, but still referencing a 6 month fixed term albeit this has long since passed, with the agreement then to be signed (and dated) by both parties very shortly.


1 Comment

  1. guildy

    You shouldn’t backdate an agreement like this.

    You need to create a new agreement to start from the next rent day. This will be classed as a renewal because they’ve been in occupation as an assured shorthold tenant for the last two years; a verbal tenancy is still an assured shorthold tenancy.

    The next rent day isn’t a legal thing, but we always think it’s a good time to start a tenancy and keep things neat.

    That way, you’re not backdating, but you’re tidying things up by getting a written agreement from now on.

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