When it comes to signing a tenancy agreement, one question that often arises is who the witness should be. A witness is someone who signs the agreement to confirm that they have witnessed the signatures of the parties involved. In the context of a tenancy agreement, the witness serves as an impartial third party who verifies that the landlord and tenant have both signed the document.
So who can be a witness on a tenancy agreement? Technically, anyone who is over 18 and not a party to the agreement can act as a witness. This means that friends, family members, colleagues, or even strangers can serve as witnesses. However, there are a few factors to consider when choosing a witness:
1. Impartiality: The witness should have no vested interest in the tenancy agreement. This means that they should not be related to either the landlord or the tenant, nor should they stand to gain anything from the agreement.
2. Competence: The witness should be capable of understanding the purpose and contents of the tenancy agreement. They should be able to read and write and have the mental capacity to understand the implications of the document.
3. Availability: The witness should be present at the time of signing. This means that they cannot sign the document at a later date or remotely.
While it may be tempting to choose a friend or family member as a witness, it`s important to consider the potential for bias or conflicts of interest. In some cases, it may be preferable to choose a professional witness, such as a lawyer or notary public. These individuals have the expertise and experience to ensure that the tenancy agreement is executed properly and legally.
In the end, the most important thing is to ensure that the witness is qualified and able to perform their role effectively. By choosing a reliable and impartial witness, both the landlord and tenant can have confidence in the validity of their tenancy agreement.