Q&As

Can the lease have an effective date that is prior to the date of signature?

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Published on LexisPSL on 14/08/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can the lease have an effective date that is prior to the date of signature?
  • Date of signature v date of commencement
  • Retrospective effect
  • Backdating documents
  • Stamp duty land tax

Can the lease have an effective date that is prior to the date of signature?

Date of signature v date of commencement

The date on which a lease is intended to commence can be different to the date on which it is signed. Whereas a simple contract takes effect once signed by all parties, a deed will take effect on delivery. If the obligations under the deed are intended to commence or be deemed to commence on a date different to the date of delivery, then this should be made clear in the document itself in a separate commencement clause. The date of the deed is usually stated at the beginning of the document and the commencement clause within the main body of the document.

Practice Note: Executing documents—deeds and simple contracts summarises the law, guidance and practice relating to simple contracts and deeds, including the particular transactions for which a deed is required and execution formalities for deeds. You may find this helpful as this explains the

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