UK Landlord Forum / Life

I am a landlord and have a lease using my agents form signed by myself and the tenants.

I also have a separate guarantee form, prepared by my agent, and signed by the guarantor and a witness.

On the assured Short hold Tenancy agreement there is a space for 'the acceptance of agreement by guarantor' with his name printed and space for a witness.

This has NOT been signed by the guarantor or witness. The agent forgot? Not necessary?

I would like to know whether or not the lease must be signed by the guarantor and witness for it to be legal or if the guarantor form alone is sufficient.

If my lease is not legal someone is in big trouble - Probably me! (Help!) or Maybe my agent?

Many thanks,

Michael

I would assume the guarantor form would suffice.

But I would want to be sure, so I would ask a solicitor.

Having them sign leaves you in no doubt.

Not having them sign leaves you in doubt.

QED.

Thank you.

I am off to see a solicitor this afternoon on your suggestion.

I guess this has come up before somewhere in legal history.

The guarantor may not wish to sign the lease itself as now there is money owing.

He might stand up in the eviction court and say that he has never seen the lease itself and that it was not suggested that he seek legal advice before signing the guarantee.

Also no dates for the lease's duration are given on the Deed of Guarantee - which sounds a bit wrong.

Will post again after my visit to the solicitor with more information.


Michael

Quote from: Michael on March 03, 2015, 09:29:08 AMThe guarantor may not wish to sign the lease itself as now there is money owing.

Damn, it was not clear that this was more than you just being observant and judicious.

Sorry if I misled you or anyone else, that was not my intention.

I am not by nature 'judicious' and I have never been in court before. (age 70)

(Amended - I thought judicious meant being involved with litigation! I see now that it means prudent and exhibiting sound judgement. I am learning all the time.)

I am annoyed about being thousands of pounds short because I have I have been given bad tenants by my agent. These are young people, and the guarantor is young, who can not afford to be in my house,. (I live partly in France and the agents 'managed' everything.).

I am now being 'very observant' and looking for a way(s) to hold the agent responsible. I have spent hours on this and am grateful for all the help I can receive - both replies here have been helpful.

I am now going to a solicitor. I really am doing my best.

Michael

Do you want the Guarantor to pay up now?

If so, have you already demanded this and they have refused... or are you lining-up your ducks to try and ensure they cannot weasel out of it?

I would think the money should be demanded from the Guarantor prior to engaging a Solicitor... I mean, might they just pay up?

Sorry if I'm misreading what position you are actually in.

Hippogriff,

Thank you for your reply.

I am back from the solicitor.  He is confident that the Deed of Guarantee is sufficient and that a guarantor does not need to sign the lease.

Next time I will  have the lease signed as sighted by the guarantor and attached to the deed to save any confusion.

No chance of getting much money from tenants or guarantor.

I will now approach the agent, the solicitor says I have a good chance of getting something from them.

My agent is a member of an ombudsman service which is free to me.

Thanks for your help. A wonderful site.

Michael

To be accepted as a valid Guarantor the person must have some assets, surely?

Go after those.

Or is this where the Agent let you down?

You guessed it.

The agent found tenants for whom the rent was too high and a guarantor who was in no way suitable.

They have caused anguish to many which could have been easily avoided.

One of the most frustrating parts about this affair is not being allowed access to application papers, failed reports, references etc., on Data Protection grounds. I guess there is at least one long thread on this somewhere here.

At least things are clearer now,

Thanks again for your help and interest.

Michael