Witness Statement for rent payment date

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    Witness Statement for rent payment date

    Dear All, especially legal experts!

    I have submitted an accelerated posession request to the court for posession of my house under s21. I submitted the tenancy agreement in the file which was the RLA AST one from 2004. The judge has replied to me saying he needs a 'Witness Statement' to confirm what date the rent is to be paid as this is not clear on this AST agreement. I sent him a signed letter confirming which date the rent is due to be paid. He has now replied back and these are the exact words:

    "A witness Statement or Affidavit Please. A letter is not receivable as 'evidence' for the purposes of CPR 32/33"

    So what do I need to do now? What constitutes a 'Witness Statement' that the judge will accept? Will it need to be signed by the tenants also or are other 'witnesses' acceptable?

    This is Dartford County Court FYI!

    Any help & advice gratefully received.

    Many thanks

    Kaya x

    #2
    What is the first day of the tenancy according to the AST?

    Does it specifically say rent payable in arrears or in advance?

    Comment


      #3
      The first day of the tenancy was 19/07/2009. It specifically says the rent is payable in advance. I said in my letter to the judge that the rent is due on the 19th of each calendar month - but apparently (see above) he cannot accept my letter as evidence of this rent payment date.

      The tenancy agreement I used was the Residential Landlords Association AST (2004 updated). In the original letter the judge wanted a 'Witness Statement' to confirm clause B1 in this agreement, which states:

      "B1: You must do the following: - Pay the rent on the days and in the way we have agreed"

      I sent a letter, but now apparently need a 'Witness Statement' or affidavit. Where do I go from here?

      Thanks

      Kaya x

      Comment


        #4
        Originally posted by Kaya View Post
        The first day of the tenancy was 19/07/2009. It specifically says the rent is payable in advance. I said in my letter to the judge that the rent is due on the 19th of each calendar month - but apparently (see above) he cannot accept my letter as evidence of this rent payment date.

        The tenancy agreement I used was the Residential Landlords Association AST (2004 updated). In the original letter the judge wanted a 'Witness Statement' to confirm clause B1 in this agreement, which states:

        "B1: You must do the following: - Pay the rent on the days and in the way we have agreed"

        I sent a letter, but now apparently need a 'Witness Statement' or affidavit. Where do I go from here?

        Thanks

        Kaya x
        Send in a witness statement - A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true.
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

        Comment


          #5
          Originally posted by Kaya View Post
          I sent a letter, but now apparently need a 'Witness Statement' or affidavit. Where do I go from here?
          In the documents section of the forum, on the top left hand of the page, there is a "Witness Statement Example" document.

          This might give you an idea of what the judge is looking for. You will have to register for that section of the forum.

          Comment


            #6
            Have your letter certified by a Solicitor as an affadavit Cost £5

            Comment


              #7
              I do think the judge is being a bit of an @rse, but he has no hard proof of what was 'agreed'.

              To anyone reading this with even an ounce of tenancy knowledge it is obvious that the date agreed is the 19th of each month.

              Do you have any proof that the tenant had been paying on the 19th - ie to confirm that this is the case? Perhaps bank transfers or can you get copies of Ts cheques dated 19th? Judge obviously wants proof of rent payment date.

              All this is totally irrelevant actually because s21 (either (4)(a) or (1)(b)) does not depend on rent payment date, it depends on tenancy periods - and your AST is evidence of that.

              Comment


                #8
                Originally posted by Mrs Mug View Post
                In the documents section of the forum, on the top left hand of the page, there is a "Witness Statement Example" document.

                This might give you an idea of what the judge is looking for. You will have to register for that section of the forum.
                Originally posted by mariner View Post
                Have your letter certified by a Solicitor as an affadavit Cost £5
                Both brilliant suggestions.

                Comment


                  #9
                  A witness statement must include a Statement of Truth:

                  “I believe that the facts stated in this witness statement are true.”

                  and be signed (by the witness) and dated.

                  See Part 22 of the Civil Procedure Rules.

                  Comment


                    #10
                    Originally posted by Snorkerz View Post
                    I do think the judge is being a bit of an @rse, but he has no hard proof of what was 'agreed'.

                    To anyone reading this with even an ounce of tenancy knowledge it is obvious that the date agreed is the 19th of each month.

                    All this is totally irrelevant actually because s21 (either (4)(a) or (1)(b)) does not depend on rent payment date, it depends on tenancy periods - and your AST is evidence of that.
                    Thank you so much for this advice, especially the last comment which is what I 'knew' all along! The judge IMO is using 'delaying tactics' because the tenants are in receipt of housing benefit and will have to be rehomed by Dartford Council once they are evicted. I am going to send the judge the witness statement (on this forum docs thanx!) AND a covering letter with your last point highlighted - just to show the judge I am aware of the law on these matters.

                    Cant't thank you enough!

                    Love Kaya x

                    Comment


                      #11
                      Thank you so much

                      Kaya x

                      Comment


                        #12
                        If you really want to persuade him, send him the bit about him being an @rse also!

                        (Don't really do this.)
                        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                        Comment


                          #13
                          Judges are all @$$#0l£$ - I think this one knows it and is deliberately conforming to said stereotype just to delay proceedings I'll show him! With your help of course!

                          Comment


                            #14
                            Originally posted by Kaya View Post
                            I am going to send the judge the witness statement (on this forum docs thanx!) AND a covering letter with your last point highlighted - just to show the judge I am aware of the law on these matters.
                            I doubt it's a very good idea to come across as trying to score points against the judge. Just do what the judge has asked. End of.

                            Comment


                              #15
                              Originally posted by Kaya View Post
                              Judges are all @$$#0l£$
                              No, they are not, and making such remarks isn't funny or clever.

                              Comment

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