Preparing a clear, honest witness statement can make a real difference for tenants in Scotland dealing with repair disputes, eviction notices, rent questions or deposit disagreements. This guide explains, in plain language, what a tribunal expects, how to record dates and evidence, and how to present facts so your statement helps your case. It is written for non-lawyers: focus on what you personally saw, heard or did, include supporting documents, and follow simple formatting and signing rules. If you are unsure about deadlines or which official form to use, this article points to the correct tribunal and legislation and gives step-by-step actions you can take before a hearing.
What is a witness statement?
A witness statement is a written account of what you personally observed or experienced that is relevant to a tenancy dispute. It should stick to facts, avoid opinion unless clearly stated as your view, and list the evidence you have such as photos, messages or receipts. The legal framework for private tenancies in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016[2], and many tribunal cases rely on clear witness statements to decide matters of repair, eviction or rent.
Who can prepare a witness statement?
Anyone with first-hand knowledge of the issue can prepare a statement. Typical examples include the tenant who experienced the problem, a household member who observed events, or a neighbour who witnessed an incident. Avoid drafting statements for others unless you are recording exactly what they tell you and they confirm it in writing.
How to write your witness statement
- Record precise dates and times for events and interactions.
- Describe repairs, maintenance problems and how they affected habitability.
- List and label supporting evidence such as photos, messages and receipts.
- State financial facts clearly: rent, deposit, charges or amounts claimed.
- Sign and date the statement and include a short statement of truth (for example: "I believe the facts stated are true").
Formatting and practical tips
Keep the statement short and chronological. Start with your name, address, relationship to the tenancy and a brief sentence explaining why you are giving this statement. Number paragraphs so the tribunal and other parties can refer to specific points. When describing events, use plain language, avoid speculation, and note when you are repeating someone elses words rather than what you personally observed.
Submitting statements to the tribunal and official forms
Most tenancy disputes in Scotland are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber)[1]. Witness statements are usually submitted with an application or in response to an application. For example, if a tenant applies for a Repairing Standard Enforcement Order, they will submit an application that can include witness statements and photos as evidence. The Tribunal website explains how to lodge papers and which attachments to include.
FAQ
- Can I use a witness statement if I am a tenant?
- Yes — tenants who saw or experienced the issue can submit a witness statement describing what happened, when, and what evidence supports it.
- Do witness statements need to be witnessed or notarised?
- Usually a witnessed or sworn statement is not required for the tribunal, but you should sign and date it; the tribunal may require a statement of truth or additional verification in some cases.
- How should I include photos or messages?
- Mention each item in the statement (for example "Photo 1 shows damp in the kitchen dated 12 March 2025") and attach the originals or copies as clearly labelled exhibits.
How-To
- Gather documents: collect the tenancy agreement, rent receipts, photos, messages and repair requests.
- Write a clear chronology: list events in order with dates and times where possible.
- Draft the statement: state your name, your connection to the tenancy, and describe facts in numbered paragraphs.
- Attach evidence: label each supporting document and refer to those labels inside the statement.
- Sign, date and keep copies: sign the statement, date it, and keep a copy for yourself and for the tribunal filing.
Key Takeaways
- Stick to first-hand facts and date everything.
- Use photos and documents to back up repair or habitability claims.
- Respect tribunal deadlines and submit statements with the correct application.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016
- Scottish Government: private housing guidance
