Independent witness definition?

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    Independent witness definition?

    Hello,

    I am new to the forum, and any advice would be greatly appreciated. My boyfriend let out his house in England under a 6 month AST nearly 3 years ago when he moved to Scotland, and the tenant is in arrears of nearly 6 months.

    He (landlord) sent a letter to end the tenancy 2 months ago, and is going down to serve a Section 21 and Section 8 Notice in person/through the letterbox if the tenant wont leave voluntarily, with me as a witness.

    My question is this - this site suggests taking an independent witness who can confirm there was no harrassment of the tenant, and the notice was served correctly. Do I count as an independent witness, being his girlfriend, (but not a landlord).

    I would hate for it to get to court and be thrown out on a technicality because of this.

    Thanks

    #2
    I wouldn't think you were an ideal witness - I usually suggest you knock on the neighbours door!

    Is there a reason you are travelling to do this? Does the tenancy agreement not state that postage is an acceptable form of service?

    Also, the fact that your BF sent merely a letter 2 months ago (instead of an s21) suggests he may not be too conversant with the eviction requirements. If you answer the following questions then appropriate advice may be forthcoming
    1. What date did the last tenancy agreement begin?
    2. You say it was 6 months, was an end date specified?
    3. Was a deposit paid?
    4. If so, what date was it protected and what date was the schemes 'prescribed information' given to the tenant?
    5. Can you prove either of those dates in 4?
    6. Is rent due monthly?
    7. As of today, what is the total £s unpaid
    8. How much is the rent per month?

    Comment


      #3
      Hi Snorkerz,

      Part of the issue is landlord has lost his copy of tenancy agreement. We are going to get a copy from the council next week as tenant gets HB and they are happy to provide a copy. We are down visiting friends that week anyway.

      I believe tenancy started 1/11/2009 (but can only confirm that when we get copy of AST).
      I don't think there was an end date specified (again will clafify after sight of AST).
      There was no deposit paid.
      Rent is paid monthly, £400 pcm.
      £2400 outstanding.

      Tenant paid every month, directly into BF bank account from 2/11/09 - 26/5/11 (albeit he gradually started to pay at later dates in the month). Always paid the full £400 though.

      Since then only payments have been £400 15/7/11, £500 22/8/11 and £1100 31/10/11.

      He never called to say why he started to pay late, when asked he said had issues with bank payments, then was in hospital, then his son in hospital. Swore he has paid a payment after Oct, but it has never arrived and he refused to answer phone calls and texts since. (But replied when called from a different phone number!)

      It's very frustrating, as were happy to help him if he has issues, but he has stopped communicating, and paying... Hence court action sadly.

      Thanks again

      Comment


        #4
        ODoes the tenant have an address for the landlord in England or Wales (not Scotland)to serve notices?

        If not, no rent is due so section 8 would not apply.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          You are unlikely to be able to write a valid section 21(4)(a) notice until you know the commencement date of the tenancy. The courts will not accept an error of even a day, so 'I believe' is not really sufficient. If the HB are willing to supply you with a copy (most unusual - dubious even) then maybe they could clarify that by telephone?

          It is possible to serve a valid s21 without knowing the date, but the notice period will be around 50% longer.

          Comment


            #6
            Hi Snorkers and artfullodger,

            We are intending to see council to establish tenancy start date before writing the S21 notice.

            I'm not sure I understand why the tenant needs an England/Wales address for the landlord to serve notices, or no rent will be due. Please could you clarify this bit?

            Thank you both

            Comment


              #7
              Originally posted by Phoenix12 View Post
              Hi Snorkers and artfullodger,

              We are intending to see council to establish tenancy start date before writing the S21 notice.

              I'm not sure I understand why the tenant needs an England/Wales address for the landlord to serve notices, or no rent will be due. Please could you clarify this bit?

              Thank you both
              Sections 48 of the 1987 Landlord and Tenant Act.

              (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

              (2) Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection

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