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Question Title: Duplicate document
| Question: 48 |
| Is it standard practice for our client tenants to retain the original copy of the inventory signed by the landlord and the tenant, and to provide the landlord with a photocopy? The landlord is demanding that he receives the original. Is the agent bound to furnish the landlord with the original?
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| Answer: |
| It is standard practice for the tenant to be given the original copy of the tenancy documentation be it tenancy agreement or inventory. As the landlord also requires an original, the way around the problem is to give the landlord a 'duplicate' original. This can either be a carbon copy of the original, or a second original, identical in all respects with signatures, produced on a word processor, or a hand-written copy, duly certified by the agent or inventory clerk as "I certify this document is a duplicate original of the inventory delivered to [name of tenant], in respect of [name and/or address of property] on [date of delivery]" and signed by the agent/inventory clerk with the date. This document is admissible on its mere production in court proceedings as if it is an "original". However, it should be added that there is no general requirement that agents provide such paperwork to landlords as a matter of course on each and every letting. Many landlords will not require copies of the tenancy documentation to be sent on, relying on their agent to inform them in advance of any tenancy being entered into and sign such paperwork on their behalf. A 'counterpart' tenancy agreement differs from a 'duplicate' in that the latter will be signed only by the tenant.
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References:
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Hyperlinks:
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Letting Handbook |
Chapter 2 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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