3 years ago | 21 comments
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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Member Since September 2018 - Comments: 3538 - Articles: 5
9:50 PM, 9th May 2023, About 3 years ago
Reply to the comment left by Chris @ Possession Friend at 09/05/2023 – 12:40
so how so you get round the recorded delivery issue?
I understand it that it is better to send first class and get a proof of positing receipt instead.
Its true that send by Recorded Delivery can (and often does) refuse to sign. The it gets sent back to the local deliver office and you have to arrange another delivery date. Pointless…tenant just does the same again.
If the tenant is not it to sign the same things happens – you have to arange another delivery. Clearly you need to know when then tenant is in, but you dont want to alert their suspicitions by asking.
The Post Office will only do the above 3 times then it gets sent back to you undelivered.
Issue is that if it has to go back and forth EVEN if it is delivered AND signed for, this could be way after you dated the S21 in the first place so it becomes useless…..
Member Since May 2016 - Comments: 1575 - Articles: 16
10:34 PM, 9th May 2023, About 3 years ago
Reply to the comment left by DSR at 09/05/2023 – 21:50
Both
Member Since June 2016 - Comments: 9
7:10 PM, 13th May 2023, About 3 years ago
Thank you everyone for your replies, they have been most useful!
Today, I received a ‘General Form of Judgement or Order’ after 4 weeks. It stated that the defendant needs to serve an amended defence, witness statement and evidence that the signature on the tenancy agreement was not signed by her.
Do I need to do anything like finding a handwriting expert? Or, should I just wait to see what happens in the hearing?
Member Since February 2016 - Comments: 194 - Articles: 1
8:39 PM, 14th May 2023, About 3 years ago
Hi Aric
Nothing to do but wait for the amended defence, witness statement and evidence of the signature.
It’s a tall order for the tenant!
The Court has asked for this very specific information. If it can’t be provided…. that’s not for you to worry about. You’ll get copies of the information submitted and will be given the opportunity to comment on what you see before the hearing.
You need to see what is produced before you commit to spending any further money on this case.
Good luck – let us know how it unfolds from here.
Lord
Member Since June 2016 - Comments: 9
9:24 PM, 14th May 2023, About 3 years ago
I suspect that the tenant will continue to deny that they did not sign the tenancy agreement. I will then have to wait for the next hearing and it will take another few months to get the tenant out of my property. If I do not succeed in getting her out this time, she will never leave.
Does anyone know of any good writing experts or barristers based in Manchester to help with this case?
Member Since May 2016 - Comments: 1575 - Articles: 16
10:17 AM, 17th May 2023, About 3 years ago
@ Aric, – Would you like to contact us ?
Member Since July 2023 - Comments: 181
10:04 AM, 11th July 2023, About 3 years ago
Reply to the comment left by Chris100 at 06/05/2023 – 08:26
My only thought is to put edition date of How to Rent Guide in by hand.