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Legal contract not signed by witness

4 replies

GhostCastle · 09/12/2022 10:11

Hi, I hope someone can offer a bit of advice. If a contract hasn’t been independently witnessed, is it valid? From what I have read online it’s not if it relates to land - property deed. We lease solar panels on a ‘rent a roof scheme’. We are experiencing problems with the Company. It was missold to us at the time, and we felt pressure to sign. The salesman stayed with us until we signed then he signed as a witness.
TIA

OP posts:
prh47bridge · 09/12/2022 14:17

A "rent a roof" contract is not a property deed. It does not need a witness. The contract is valid. You may have other avenues to get to what you want, but claiming the contract is invalid isn't one of them.

GhostCastle · 10/12/2022 08:43

Thanks for your reply @prh47bridge.The Company have registered their interest in our property with HM Land Registry.

This is on the HM Land Registry website
1.1 The need for a deed when dealing with land
With a few exceptions (section 52(2) of the Law of Property Act 1925), a legal interest in land cannot be conveyed or created without a deed (section 52(1) of the Law of Property Act 1925). The exceptions include:

assents, which must be in writing but need not be executed as a deed (section 36(4) of the Administration of Estates Act 1925)

leases taking effect in possession for a term not exceeding 3 years at the best rent which can be reasonably obtained without taking a fine (section 54(2) of the Law of Property Act 1925)

The lease agreement is for 25 years.

OP posts:
prh47bridge · 10/12/2022 09:24

I've learned a bit more about rent a roof schemes this morning!

Even if this is a lease that needs a witness to your signature and it has been incorrectly witnessed (or not witnessed at all), the courts will usually still uphold the lease. As per my last post, claiming the contract is invalid will not get what you want.

GhostCastle · 10/12/2022 09:58

Thanks for replying. I’m going to seek legal advice through our home insurance because we felt pressured into signing. The salesman signing as a witness on the contract supports this argument.
A party to the deed cannot witness the signature of another party to the deed (Seal v Claridge (1881) 7 QBD 516 at 519).

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