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Question Title: Lost tenancy agreement
| Question: 364 |
| I found a tenant for a property owned by a friend of mine. He has managed the property himself and kept all the paperwork. He has asked me to help him with an action for possession. He has read up on it and wants to use the accelerated possession procedure (APP) but he can't find the original tenancy agreement. Will this be a problem?
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| In this case, having no written tenancy agreement will present a problem as there are strict limitations to the use of the APP procedure. It is available only where the tenancy has been brought to an end or where the tenancy is statutory periodic; the application form includes an affidavit which must be signed by the landlord - it cannot be signed on behalf of the claimant landlord by an agent and the tenancy agreement and all notices must have been given and have been in writing. Essentially the accelerated procedure is a paper exercise. If the County Court judge cannot see everything that is required to grant possession from the paperwork that is presented with the application it will simply go for a court hearing in the ordinary way.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 20 |
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factsheet-20
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For more information, discuss on the Forum
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