Q&As

What is the correct form of Particulars of Claim to be submitted with Form N5 in County Court proceedings for possession of a residential dwelling house together with rent arrears—the tenancy document is marked 'Guaranteed Rental Agreement' and does not meet the criteria to be a licence or lease?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 24/10/2016

The following Property Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • What is the correct form of Particulars of Claim to be submitted with Form N5 in County Court proceedings for possession of a residential dwelling house together with rent arrears—the tenancy document is marked 'Guaranteed Rental Agreement' and does not meet the criteria to be a licence or lease?

What is the correct form of Particulars of Claim to be submitted with Form N5 in County Court proceedings for possession of a residential dwelling house together with rent arrears—the tenancy document is marked 'Guaranteed Rental Agreement' and does not meet the criteria to be a licence or lease?

The question contemplates proceedings for possession of a residential dwelling house as well as a claim for rent arrears. The unusual feature in this case is the reference to the tenancy document being marked ‘Guaranteed Rental Agreement’ (GRA). GRAs usually provide for the owner of the dwelling house (‘landlord’) with a guaranteed rent over a fixed period of time regardless of whether the property is being occupied or not. The tenant (‘letting tenant’) under the GRA then rents out or sublet the property at a higher rent, thereby making a profit providing it avoid too many non-letting periods.

GRAs may be expressed to be contractual arrangements but, in reality, such agreements could amount to business leases since the letting tenant has exclusive possession of the property with the express proviso that it may sublet. The

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