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Question Title: Agreement start dates
| Question: 16 |
| The question of contract dates has always puzzled me. As yet, I have not seen a definitive answer, perhaps you can help. When an agreement is issued for signature, we always pencil in "do not date" and then we add the date as the day of commencement. Why ? Why can't the Agreement be dated as at the date of signing, even if it is a week prior to commencement? I can see no logical reason for this practice, but then when has logic entered the question of legalities? The same situation arises on Memorandums issued as extensions to the Agreement. So the question is: does the date have to correspond with the agreement date, or can it be signed and dated prior to commencement ?
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| Answer: |
| The date that you refer to is normally to be found at or near the beginning of the tenancy agreement (e.g. This Agreement is made on the .......... day of .....) and is generally known as the "execution date" of the agreement. It is not to be confused with the day that the tenancy commences or the "commencement date". It is technically correct for this date to be left blank when the tenancy agreement is originally drafted, and completed when the agreement is signed. The reason for this is that the act of signing of the agreement is a way of showing the agreement is finally concluded, and therefore, by implication, executed (Trane UK Ltd v Provident, 1994). Where there are several tenants, or where the landlord (or agent) signs at a different time from the tenants, the agreement is finally concluded when the last person signs. The execution date should therefore be entered at this point in time. It would only correspond to the Commencement Date as you describe when the agreement is signed and completed on the same day that the tenancy commenced.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
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