Q&As

A tenant has sworn a statutory declaration to contract out of the Landlord and Tenant Act 1954 before a magistrate. Does the magistrate need to insert their home address into the statutory declaration for it to be valid or is their signature enough? If the statutory declaration is invalid, will the contracting out process still have been completed correctly because the notice was served, and the declaration signed by the tenant more than 14 days before completion?

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Published by a ³ÉÈËÓ°Òô Property expert
Published on: 18 June 2021
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It is assumed that the statutory declaration has been sworn before, and not by, a magistrate.

Under section 18 of the Statutory Declarations Act 1835, any Justice of the Peace, notary public or other officer authorised at the time of the passing of the Act to administer an oath may take the declaration of any person voluntarily making the declaration before them in the prescribed form. The Magistrates' Courts Act 1980, despite its title and its use of the term 'magistrates' court', still uses the description 'justice of the peace' to describe the holder of the office.

In practice, most declarations are made before a

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Completion definition
What does Completion mean?

means completion of this agreement in accordance with clause[s] [insert number of the clause(s) dealing with completion of the agreement];

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