County court for possession claim –  Section 21?

County court for possession claim – Section 21?

9:49 AM, 3rd May 2023, About 10 months ago 27

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Hello, I have a tenant who denied that she signed the tenancy receipt document at the court hearing last week. I tried to evict her using section 21.

I have her 10 signatures on different dates during her one year stay. Every signature is different when I compared them after the court hearing.

The judge told her to write a witness statement that she did not sign the receipt document. In other words, she denied receiving How to Rent, the EPC, etc.

How can I prove to the court that the signature is hers?

Thank you,

Aric


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Comments

Chris @ Possession Friend

11:18 AM, 3rd May 2023, About 10 months ago

Best advice is to have tenants signatures witnessed.
I would never 'post out' a AST asking a tenant to sign and return to me.

Mr.A

11:22 AM, 3rd May 2023, About 10 months ago

This is why its time to Sell up .

Simon M

11:39 AM, 3rd May 2023, About 10 months ago

If you can evidence (witness or otherwise) one or more of the signatures as definitely hers, you would undermine her credibility with the court.
Another would be to find a handwriting expert for a legal opinion - at a cost, but it still might be worth paying.

For the future, either have a witness or move to electronic signatures so the system verifies their signature.

Gunga Din

14:32 PM, 3rd May 2023, About 10 months ago

Can't you use the 10 fictional signatures as a "character reference"?

LordOf TheManor

14:53 PM, 3rd May 2023, About 10 months ago

Did you take her passport or driving licence as picture ID? If so, her real signature would be on those.

Chris @ Possession Friend

15:10 PM, 3rd May 2023, About 10 months ago

Reply to the comment left by LordOf TheManor at 03/05/2023 - 14:53
I advise ( and do myself ) always obtain a copy of a prospective tenants passport.
1. Helps comply with Right 2 rent.
2. Gives the signature, as mentioned, and
3. A photo of the tenant that you could provide to bailiffs later down the line if your chasing Debt.

Carly Jermyn

18:08 PM, 3rd May 2023, About 10 months ago

I have dealt with claims like this before and I would advise looking into a handwriting expert - it may not be as expensive as you think.

Bradley Knight

1:52 AM, 4th May 2023, About 10 months ago

I don't think the signatures are relevant, why would they be relevant, there was a tenancy agreement and you served notice correctly I assume.

I assume she paid some rent and there has been other correspondence between parties.

There is no need for the Courts to do tortious interference of the tenancy agreement.

I don't understand what the debate of signatures is about, side note why do you have so many signatures, has this person signed many documents?

Chris @ Possession Friend

10:48 AM, 4th May 2023, About 10 months ago

@Bradley, As I'm reading the article, its not the Tenancy agreement being signed that's in dispute - but receipt of the required Prescribed Information, EPC, How 2 Rent etc

Tom Dove

11:04 AM, 4th May 2023, About 10 months ago

I email all the docs at the start, listing them all in the email body, and get the tenant to email back confirming that all the docs have been received.

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