A statement for you to adapt
In the XX County Court Case No :
[Landlords name] Claimant
[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 ……………………………