A clear, factual witness statement wins more cases than legal argument
Judges see many possession hearings. A witness statement that sets out the facts chronologically, exhibits clean documents, and avoids emotive language is far more persuasive than one that argues about the tenant's motives. Prepare your statement as if you are explaining the situation to someone with no prior knowledge — because the judge has none.
When do you need a witness statement?
You will almost certainly need a formal witness statement in any of these situations:
- The tenant has filed a defence to the N5 possession claim and the court has ordered exchange of witness statements
- The hearing is listed as a 'defended hearing' rather than a standard possession slot
- You are providing evidence on service of the Section 8 Notice (if the tenant disputes service)
- You want to adduce the rent schedule in an admissible, signed format rather than as a bare document
Witness statement — structure and format
Use the following structure for a landlord's witness statement in Section 8 possession proceedings:
- Heading: In the County Court at [court name] / Claim number / Between [Claimant landlord name] and [Defendant tenant name]
- Title: Witness Statement of [your full name]
- Opening: 'I, [full name], of [address], [occupation], make this statement in support of the claimant's claim for possession of [property address].'
- Paragraph 1: Your capacity — you are the freehold owner / leaseholder / joint landlord of the property. How long you have owned it. Whether you manage it yourself or through an agent.
- Paragraph 2: The tenancy — date the tenancy started, tenant names, the rent (per week/month), the payment day, and a reference to the tenancy agreement (exhibited).
- Paragraph 3: The rent arrears — when rent first fell into arrears, the current arrears, and a reference to the rent schedule (exhibited). State clearly the arrears at the notice date and the arrears at the hearing date.
- Paragraph 4: Pre-action steps — letters sent, contact attempted, any payment arrangements offered or made. Reference any pre-action correspondence (exhibited).
- Paragraph 5: The Section 8 Notice — when you (or your agent) served the notice, how it was served, the notice period given, the grounds specified. Reference the notice and service evidence (exhibited).
- Paragraph 6: The current position — the arrears remain above the Ground 8 threshold; the tenant has not vacated; you seek possession and a money judgment.
- Statement of truth — sign and date.
Exhibit list — what to attach
| Exhibit | Document | Why it matters |
|---|---|---|
| RW1 | Section 8 Notice (LS-E-010) | The foundation of the claim; judge checks form, grounds, and notice period |
| RW2 | Evidence of service | Certificate of posting / signed-for tracking / process server certificate |
| RW3 | Tenancy agreement | Confirms rent, names, start date, payment obligations |
| RW4 | Rent schedule | Month-by-month arrears table — most important document at the hearing |
| RW5 | Bank statements | Confirms rent payments actually received (matches rent schedule) |
| RW6 | Pre-action letters (LS-E-012) | Demonstrates compliance with pre-action protocol |
| RW7 | Any repair-response records | Evidence against potential disrepair counterclaim |
The rent schedule exhibit
The rent schedule should be a simple table showing:
- The rent period (e.g. 1 January 2026 – 31 January 2026)
- The rent due (e.g. £1,200)
- The rent paid in that period (e.g. £0)
- The running arrears total at the end of each period
- A clear note of the arrears at the Section 8 Notice date
- A clear note of the arrears at the hearing date
Update your rent schedule on the morning of the hearing
If the tenant makes any payment between filing your witness statement and the hearing, update your schedule and bring an updated version. If arrears fall below two months, Ground 8 loses its mandatory character. Always check your bank account on the morning of a Ground 8 hearing.
What NOT to include
- Opinion about why the tenant is not paying — stick to facts (they have not paid; the arrears are X)
- Personal comments about the tenant's character or circumstances
- Legal argument — that is for the hearing, not the statement
- Hearsay from third parties (e.g. 'my letting agent told me the tenant said...') — use direct evidence or have the agent make their own statement
- Speculation about what will happen if possession is not granted
LetSafe UK documents referenced in this guide
- Section 8 Notice (LS-E-010): The prescribed form for England from 1 May 2026 — this is Exhibit RW1 in every Section 8 possession witness statement
- Pre-Action Rent Arrears Letters (LS-E-012): Formal pre-action letters that become Exhibit RW6 — demonstrating pre-action compliance and the tenant's knowledge of the arrears