Read the tenant's agreement to exclude security of tenure to make sure it meets your needs. Check that the landlord and tenant details, and also the property address are correct. Remember that if you have any questions you can easily Ask a lawyer.
Signing a statutory declaration
- Print out a copy of the tenant's agreement to exclude security of tenure because you cannot sign online. Do not sign or date it yet.
- The tenant must sign the agreement in front of a solicitor or commissioner for oaths so make an appointment with a local one.
- In front of the solicitor or commissioner for oaths who has agreed to witness your document.
- Sign on the line over your name next to 'Signed' and date the agreement next to 'DECLARED AT'.
- The solicitor or commissioner for oaths will sign next to 'Before me' and print their full name and address underneath. Most solicitors have a stamp with their address details for this purpose.
It's best to ask the solicitor or commissioner for oaths to also certify a copy of the agreement to have on file. Certifying means that a copy is confirmed by them to be a true copy of the original document.
Signing a simple declaration
Print out a copy of the tenant's agreement to exclude security of tenure because you cannot sign online. Do not sign or date it yet
The tenant must sign over their name next to 'Signed' and date the agreement next to 'DECLARED this'
Make a copy of the original signed agreement
Send the original copy to the landlord following the steps below
By post: Allow at least three working days for delivery when you use Royal Mail to post your signed agreement. Use a recorded delivery service if you are posting the agreement by mail, which allows your letter to be tracked. Ask for proof of postage and keep it in a safe place.
By hand: Posting the notice into the postbox of the landlord's property yourself gives you the security of knowing when the notice gets to the landlord and removes uncertainty about the method of posting. You can take someone with you to witness this. After posting the notice in the postbox:
Write the time and date of posting the notice in the postbox
Sign and date the note
Ask the witness to sign and add their name, address, occupation and the date directly underneath your signature
The witness must not be related to the person they are witnessing, must have mental capacity and must not be under the age of 18.
The landlord and tenant should store safely away:
their copy of the signed agreement
the proof of postage when sending the notice by post
the witnessed note of postage when posting the note at the tenant's property