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Kasare
Kasare, Solicitor
Category: UK Property Law
Satisfied Customers: 1215
Experience:  Solicitor & Partner
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URGENT UK PROPERTY LAW. I need the answer ASAP please. The

Resolved Question:

URGENT UK PROPERTY LAW. I need the answer ASAP please. The last time I asked this it took 2 days to get a non-answer. I'm under time constraint and need to understand the differences ASAP. Many thanks.

Please can you explain in plain English the difference between these written statements please and what the legal implations are for each type, as well as how such statements should be written/what phrase should be used to indicate each type please.

I need to understand which type would be taken seriously as a legal document but doesn't need to be witness by a legal profession (due to cost and time constraint), and what terms/phrase I need to include in the document to make the document legal. Many thanks:

(a) Affidavit
(b) Testimonial
(c) Declaration
(d) Witness statement
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Kasare replied 1 year ago.
Can you please advise what this is for as it may affect what form the document takes.
Customer: replied 1 year ago.
I need to ask some people to sign the document as witness to state of property to go with the before and after pictures to reply to dispute with ex tenant over damages. Need to send all docs to mydeposits ASAP. Need doc to be legal, to be taken seriously but at same time doesn't need legal professional to sign/witness it as need to keep cost down.

Also a type of document that my estate agent who found the ex tenant for me can sign without it being regarded as conflict of interest?
Expert:  Kasare replied 1 year ago.
Thanks then you need a simple witness statement (WS).

A WS can be used for both court proceedings and in private disputes .

An affidavit is written evidence that is either sworn on the bible or is affirmed to be true (a non religious alternative to swearing) and the signing must be witnesses.

A testimonial is again basically attesting to someone or something.

A declaration is similar in that you declare something in front of a commissioner of oaths or notary to be true.

A statement on the other hand is simply signed by the person making the statement - this can be used in formal or informal proceedings.

This link gives you the detail of how to write a witness statement and the form it should take - http://www.aboutsmallclaims.co.uk/witness-statement-example.html. Whilst this example shows how to draft with the court details - essentially you can leave that out, but subsitute the claimant and defendant for the landlord and tenant.

Your witness needs to identify himself, where he lives (or if he does not wish to disclose that can put a c/o address), then set out the history of the matter, when he attended the property, what he saw, etc.

If you have any further questions, please do not hesitate to ask.

Thanks
Kasare, Solicitor
Category: UK Property Law
Satisfied Customers: 1215
Experience: Solicitor & Partner
Kasare and 2 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much that's brilliant!! You've been great help.

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