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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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A tenancy is extant, commencing december 2014. the original

Resolved Question:

a tenancy is extant, commencing december 2014. the original signed and dated tenancy agreement is missing. would a copy dated as original, but signed today be deemed as a new contract, or would it replace the lost copy?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. I'm afraid you can't back-date a copy agreement. If the original is lost, this doesn't affect the tenancy. If you have an unsigned and undated copy, that is good enough to evidence the terms of the agreement, together with the actions of the parties (ie rent level, payment dates etc). Does this assist? WB
Customer: replied 2 years ago.

unless i get the clarification i requested following your original reply, i cannot rate you

Customer: replied 2 years ago.

are you saying that, in the absence of a signed tenancy agreement, an unsigned, undated copy of original agreement, together with the actions of the parties (ie rent level, payment dates etc), will be acceptable to the court when attempting to use the accelerated procedure when issuing a claim form for possession in order to obtain an order for possession?

Customer: replied 2 years ago.

where is my answer? i've waited patiently for more than the 15 minutes specified. is the answer on some other place on the site?

Customer: replied 2 years ago.
Relist: Incomplete answer.
i keep asking the questions and, altho' site tells me to expect answers in so many minutes, none are forthcoming. not at all satisfactory. i want a refund or an updated answer. do i need to contact the law society to get a refund?
Expert:  Thomas Judge replied 2 years ago.
I have just been handed this case. Can I help?
Expert:  wingrovebuyer replied 2 years ago.
I am sorry for the delay, but my answer does state this is not an instant service. In answer to your question seeking clarification, yes - in the absence of the signed, written agreement, the court can infer the terms of the tenancy from the unsigned, undated / draft copy, and the actual actions of the parties - this is the only evidence they have for what terms the tenancy was granted on. Hope this helps. Best, WB.
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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