AST

[fisherman]

Hello

I have used for the past couple of years a AST that requires a witness signature on the signing page. source: residential lanlord.

For another property I used an agent and they used an AST which did not require a witness signature, just tenant and landlord agent.

As getting a witness to sign is a bit of a pain sometimes I was wondering what the implicatrions would be if I used an AST that did not need a witness signature.

Any ideas?

Stuart

[Richlist]

Its my understanding that an AST for 3 years or less does not need to be a deed and therefore is exempt from the need for a witness.

HOWEVER......it makes perfect sense to have the document witnessed as, to the uninitiated, it adds gravitas and importance in the tenants mind that they are signing something IMPORTANT.

How you get it witnessed is of some importance......Do not post it to the tenant for signature and witnessing......you won't know if they signed it or who the witness is.

Much better to have the tenant sign and provide ID proof (passport/ driving licence) and for the landlord or his agent too witness at the same time.

[Grampa]

As RL states a AST doesnt need to be witnessed. Normally only documents drawn up as deed needs to witnessed. (though I guess there are many other types of doc that need wittnessing also)

There is an arguement for having a AST as a deed and witnessed if the tenants are signing the contract some time in advance which then makes it more binding. This then give the landlord more clout for making a claim if the "tenant" pulls out before the tenancy

starts and the landlord suffers a loss..

[fisherman]

Thank you for your responses. I asked a friend who is in conveyancing the same question and the reply was similar to yours.

Regards

Stuart

[Richlist]

Its aways nice to know you had confidence in the answers we bothered to provide for you !

[fisherman]

Sorry to have said something wrong.

Thank you for your help.