It is good practice to have a witness present when you sign a lease agreement, but it is not essential. Having a witness ensures the process is fair for all parties involved in the lease and prevents any future claims that the lease has been forged, or that the named parties did not sign the lease.
Who Can Be a Witness When Signing a Lease?
While it is not legally mandated that a lease should have a witness, it will be beneficial for you to arrange a witness. This person should be over 18, of sound mind, and impartial to the contract. That means they should not have a legal or financial interest in the property – a named person on the lease cannot be a witness for another named person.
However, if you are a couple and are both signing the lease, one witness can attest to both signatures. Throughout the document, you will be required to sign or initial in several places. The witness should countersign each one individually. This ensures you are legally covered should a claim later be made against you.
It is worth noting that a witness should be prepared to make an official statement – possibly in court – that they did in fact witness you signing the document. This is a worse-case scenario, but it is better to have the evidence and not need it than need it but not have it.
How Can Ownit Help You?
At Ownit Conveyancing, our primary focus is on providing expert legal services tailored to the complexities of property transactions. Whether you’re buying or selling property, we’re here to guide you through the process with precision and expertise.
Our team specializes exclusively in conveyancing in QLD, which means we bring a depth of knowledge and industry experience to every transaction. We understand that navigating property transactions can be daunting, which is why we’re dedicated to offering comprehensive support and guidance every step of the way.
We are here to look over your lease and ensure all clauses are legal and fair. If you require a witness but do not have one readily available, we can help you organise having someone present. If your lease is long, with many places for signatures, we can advise on where your signature, and that of the witness, should go.
If you have any questions regarding the need for a witness or would like to arrange assistance with your lease, please call us on 1300 553 750 for more information.
