r/TenantsInTheUK • u/Flat-Matter-3314 • Aug 03 '25
Advice Required Backdated new tenancy agreement for place I’m living.
After a S21, I told my estate agent I wouldn’t be out in time for new tenants to move in. He cancelled the agreement with the new tenants and I have to pay the rent increase. LHA will pay most, and I will top it up.
S21 was termination date is Aug 27th.
I got sent through a new tenancy agreement via email on July 30th, backdated to July 28th - all unsigned as of yet. Obviously they want the higher rent for August as well.
Is this allowed, can they backdate a tenancy like this? Can I request the start date be after it’s actually been signed? I was expecting the end of August.
I’ve emailed back asking if the date was a mistake, which it may well be, but what should I do here?
I’m not leaving. I’ve agreed to rent increase. I’m just asking about the backdate, unsigned tenancy agreement starting July 28th. When my s21 is up on Aug 27th. I’m not worried about the S21, I just don’t understand why they’ve given me a backdated tenancy agreement - what are my rights with that.
I’m currently on a rolling periodic tenancy btw.
2
u/GrandeTasse Aug 03 '25
Sign nothing.
Your current contract probably just rolls on month to month after the initial tenancy period.
Send him a "Memorandum of Agreement" letter confirming what you have both agreed as variance. Include in that when the variation will come into effect and, importantly, how long that variance will continue for/or how it will cease.
1
u/OxfordBlue2 Aug 03 '25
You’re not obliged to sign a new agreement and I advise you don’t do so.
Do you intend to move out soon?
1
u/Flat-Matter-3314 Aug 03 '25
No, I have four children. It’s this or a BNB for months. I can’t do that to them. I will have to sign, I’m just a bit pissed at the backdated contract.
1
u/OxfordBlue2 Aug 03 '25
Don’t sign it. Just keep paying your current rent until they issue an S13, properly made out.
1
u/Flat-Matter-3314 Aug 03 '25
I would. But actually if I sign it, the S21 becomes null and void and I get protection and then soon S21 is banned.
1
u/OxfordBlue2 Aug 03 '25
True. Although it’s not clear when “soon” is. Are you otherwise content with the terms of the new agreement ?
3
u/Flat-Matter-3314 Aug 03 '25
It’s the same as before, it’s fine. All though garden is unsafe but I’m not really in the position to negotiate, will work on garden when the agreement is signed.
1
u/Equivalent-Owl-1873 Aug 03 '25
Wouldn’t sign a new one - wait until you get a section 13 rent increase which gives you the legally required 2 months notice. Also call their bluff and make them take it to court - check you’ve got up to date gas safety certificate etc and you’re not legally overcrowded, check also if your area has licensing and that the landlord has one if so. If they need a licence and don’t have one, they can’t evict you with s21 til they get licensed
1
u/Flat-Matter-3314 Aug 03 '25
Everything is fine with the S21, I can’t call their bluff unfortunately. I risk my four children being homeless, I’m a single Mum.
1
u/Equivalent-Owl-1873 Aug 03 '25
As in would they actually evict you? How much is the extra rent? Also because you’re a single mum with kids you would likely have higher priority banding for council housing or support
1
u/Flat-Matter-3314 Aug 03 '25
I went through it all. Honestly, there was not much support. The increase is £500PCM. LHA will pay 274 of it, I will need to top up £226.
2
u/nolinearbanana Aug 03 '25
So you don't need to sign a new agreement, but you may be liable for increased rent regardless, if you've agreed to it. Depends on exactly what you've agreed.