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4 years ago | 5 comments
Can an AST be signed retrospectively?
2:49 PM, 26th September 2022, 4 years ago
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Hi, Just going through some tenancies and have come across a tenant who does not have a signed AST on file (or anywhere else).
If we were to sign an AST, dated with the original tenancy start date (01.09.2020) but our signatures dated with today’s date, would there be any implications to this?
EG, if we needed to regain possession using an s21, would the courts have an issue with the different dates?
Our ASTs are 6 months and then we just let the tenancy roll on a monthly basis thereafter, meaning we do not issue new tenancy agreements once the initial 6 months have passed.
I want to avoid starting a new tenancy but understand if this is not possible.
TIA
Meks
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1:41 PM, 4th October 2022, About 4 years ago
A tenancy in England doesn’t even have to be written, let alone signed. As said earlier, you would likely be bound by the terms of the unsigned contract and should still be able to serve a valid s21 notice if all other pre-requisites were complied with. However, you would not be able to use the accelerated possession process.