Legal Kits

Legal Help for Landlords

Statement

A statement for you to adapt

In the XX County Court                       Case No :

Between:

[Landlords name]                               Claimant

and

[Tenant’s name]                                  Defendant

Witness statement of [your name]

I [YOUR FULL NAME] OF [YOUR ADDRESS] WILL STATE AS FOLLOWS:

1. I am the claimant in these proceedings and am the landlord of the defendant who is my tenant.

2. On [date] I took a tenancy deposit of £X from the tenant.  Unfortunately however I omitted to protect this in a statutory scheme and was therefore in breach of section 213 of the Housing Act 2004.

3. Pursuant to section 215(a) of the Housing Act 2004 I therefore refunded the deposit money to the defendant on [date].  A copy of [put here details of the proof you have that the money was paid – for example the bank paying in slip or receipt from the tenant] being proof of payment is annexed hereto marked A.  OR

Pursuant to section 215(a) the tenant agreed that I should offset his unpaid rent against the deposit.  A copy of a letter dated [date] signed by the defendant confirming this is annexed hereto marked A..

4. The section 21 notice cited in these proceedings was served on [date], after the refund had been made to the defendant and the notice was therefore allowable under the provisions of s215 of the Housing Act 2004.

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

 

Signed …………………………… Dated ……………………………

 

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