SQE Leasing and tenancy question: sue in the District Court

EAA SQELeasing and tenancy

Mrs Chow never had her tenancy agreement with her tenant stamped. The tenant now owes three months' rent, and Mrs Chow wants to sue in the District Court, relying on the agreement as evidence. Which statement is correct?

A The agreement is void for lack of stamping, so no rent was ever legally due under it
B The agreement can be used, but the tenant may deduct the unpaid duty from the arrears
C The agreement cannot be received in evidence in her civil claim until it has been stamped
D The agreement can be used, because only leases of more than 3 years need to be stamped at all

Show the answer and explanation

Answer: C. The agreement cannot be received in evidence in her civil claim until it has been stamped

Answer: It cannot be received in evidence in civil proceedings until stamped. Late stamping with a penalty is still possible. Why not the others: - Void: lack of stamping does not make the agreement void; it limits how the document can be used. - Deduct unpaid duty: there is no such statutory set-off; liability for duty lies on the persons executing the agreement. - Only leases over 3 years: all leases are chargeable; the term only affects the rate. Rule: An unstamped tenancy agreement cannot be received in evidence in civil proceedings (other than proceedings to recover the duty) and cannot be registered at the Land Registry or acted on by a public officer. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 7, para 15; IRD FAQ on Stamping of Tenancy Agreement, Q1-Q2 (checked 11 Oct 2026); as at Oct 2026

Common mistake

Thinking an unstamped tenancy is void rather than unusable as evidence until stamped.

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An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.