Does AST need witnessing?

[sport]

So, I give my new tenants a contract. They run off and sign it and get it witnessed. They then bring it back to me so I can sign it and get it witnessed, and hand a copy back to them.

What the hell use is that? Who is that witness? What makes them a suitable witness? What legal obligations do they have? Can I pursue them, and for what? What if it's a forgery by the tenant? How do I know?

Can this only be done by having a mutual-signing session, with a witness who is known to both or proved by identification?

[Paul_f]

You don't half rant!!

If you want a question answered just ask it politely like....."Is it a legal requirement to have an AST witnessed?". Answer - No!

I'm also wondering if in fact you really know what you're doing letting a property as you seem terribly naive! :mad:

[Ericthelobster]

Well I must admit, like Mr Sporty, I always thought you had to have AST signatures witnessed and have always done so with mine.

Whether you do or you don't, I've always wondered quite what the purpose of it was, and what obligations, if any, I might be placing on the witness by asking them?

[P.Pilcher]

Well, despite Paul F's professional advice that it is not required I still insist on it. I feel that it impresses on my tenants that they are signing a legal document hence they may try a little harder to obey the tenants undertakings as I do mine.

P.P.

[Paul_f]

The reason why the AST doesn't have to be witnessed is that if it's for 3 years or under then it doesn't have to be by deed, and is therefore exempt. Going to the trouble to have something witnessed that's not required is a bit of a waste of time; usually you will find the "witness" often doesn't actually witness the signatures of the tenant/landlord at the time they sign which renders them superflous anyway. Have you ever found a court wanting to trace the witness to verify the signature was actually that of the tenant? No!

A lease by deed must be witnessed to be legal. Hope that clears up this anomaly of thought!

[MrWoof]

Just a point, and I don't know the answer, where is Sport based? Scottish law is different to English and may well require witnesses.:)

[Tootsie Roll]

You don't half rant!!

If you want a question answered just ask it politely like....."Is it a legal requirement to have an AST witnessed?". Answer - No!

I'm also wondering if in fact you really know what you're doing letting a property as you seem terribly naive! :mad:

And you aren't half arrogant - good advice or not !

[P.Pilcher]

I know Tootsie, but he is a Pro and gives tons of excellent advice on this board, so I just take no notice, humour him a bit occasionally, pay him the odd compliment and get on with life!

P.P.

[Tootsie Roll]

I know Tootsie, but he is a Pro and gives tons of excellent advice on this board, so I just take no notice, humour him a bit occasionally, pay him the odd compliment and get on with life!

P.P.

You're much more easy going than I am :)

[Paul_f]

Look! I'm a complete arsehole and a grumpy old man to boot! Any other compliments gratefully received!

Oh! I forgot..thick skinned, modest, tall, handsome, cad........!

[jeffrey]

Just found this thread.
Posts #4 and 5 are both correct: witness not legally necessary (if letting for no more than three years), as AST could even be oral and not in writing (please don't do this); BUT witnessing makes it seem more legally important and is recommended anyway.

[P.Pilcher]

Jeffrey, you will be slightly interested to learn that yesterday, on another board (www.singingpig.co.uk), A poster has complained that a CC judge has just thrown out his possession order request because his tenancy agreement was not witnessed! I don't know all the circumstances or whether he was attempting a section 8, or 21 action and whether he was appearing in court or not, but after all the advice posted here it makes you think! Of course the agreement may have been for more than three years.
I have suggested that he posts on this board so that maybe you and our other experts can have a look at it.

P.P.