New Ten Ag. Backdated rent increase.

[n-i-v]

Hi

I've rented the same property since November 2005. Initially it was a 6 month assured shorthold tenancy which has now (obviously) expired. I continued to pay my rent in full (£225 per month) on time each month.

In Feb 2007 the landlord's agent offered me a new tenancy agreement for 12 months which increased the rent by £15 per month, bringing my rent up to £240 each month. I didn't sign the new agreement (there were some new clauses in it that I didn't like and I had problems tracking down my original gaurantor), but I accepted the rent increase and from March 2007 I've paid £240 monthly in full and on time.

The agents did an inspection last month, during which they produced a new 12 month agreement which they wanted me to sign there and then so that they could 'sort it out in the office'. I asked them to leave it with me (which they did) and I note that they have now reverted back to an agreement similar to my original one (ie one I'm happy with- no new clauses), BUT also they've raised the rent a further £10 to make it £550 per month form December 2007 - This was recieved after December's rent date had passed.

Whilst I would welcome the security of a 12 month agreement, I am reluctant to accept a backdated rent increase. I'm also concerned that this is the second rent increase that they've (tried) to impose on me since February.

As yet, I've not done anything with the new agreement. January's rent in due on the 10th.

I like where I live, my family is settled. My children's schools and my work are all within walking distance.

1. Do I have to pay the extra £10 for December?
2. What figure should I pay in January?
3. Is it in my best interests to sign, shut up and pay up?!

Any advice or help would be appreciated.

[Aequitas]

A tenancy agreement creates a "legal term" and the theory is that a legal term cannot be backdated. This ought to mean that the rent cannot be backdated. However, do not rely on the theory as it seems that the agent is acting a little deviously; never trust anyone who wants you to sign anything without reading it.

If you want to sign a new agreement wait until 10th January and pay your rent as usual. Then contact the agent and innocently point out that he has the wrong date in the agreement. Ask him if you can amend the one you have to start on 10th February or if he would prefer to prepare a new one. Make sure the agreement signed by the landlord or agent has the correct date in it before you hand over the agreement you sign and if the new rent is shown by an amendment that it is initialled in the margin..

[MrShed]

Aequitas is spot on. Just to bear in mind however, that you obviously have little security of tenure currently, and so it is worth bearing in mind that if you "rock the boat", although you are obviously totally correct in doing so, it may result in your eviction.