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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience:  I have been practising for 30 years.
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My friend asked me to be a guarantor. I agreed,so he give me

Customer Question

My friend asked me to be a guarantor for him.
I agreed,so he give me a link to a online site to give some details ,so they could do a credit background check,give them my name ,where I worked,address and how much I earned.He said that was all they needed,I didn't see any agreement,I didn't sign any legal documents or meet the people who where setting up this for me to be guarentor or speak to them or get any kind of paper work documents nothing .But any way my friend can't pay the rent and hasn't for a while and he is loosing the property he was renting.He said I was the guarantor and could be liable to cover the rent he didn't pay?,.But I couldn't see how it could be legally binding after I just gave them a few details online?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

It’s most unlikely that you would be bound by this guarantee unless you had actually signed a physical document.

It may be that you made an electronic agreement by clicking a link but before any landlord or claimant could enforce any payment against you, they would have to do prove to the satisfaction of the court that you had agreed to this.

If this is an Assured Short hold Tenancy, then the guarantee agreement is not enforceable against you unless you have been provided with all the documentation, including the tenancy agreement and a copy of the guarantee agreement, which the tenant receives.

As it seems you had none of that, then it’s most unlikely that this would be enforceable against you.

Can I clarify anything for you?

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Best wishes.

FES.

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Customer: replied 1 year ago.
As I said all I was told of tenant was this was to check my credit history ,but didn't speak,see or receive anything from the landlord or letting agent before hand or after this ,still haven't heard anything from them ,just what the tenant has told me
Expert:  F E Smith replied 1 year ago.

In which case, I cannot see how you could possibly be liable under the terms of the guarantee. Don’t be surprised if the agent tries to enforce it, but this would not stand up in court based upon what you have told me.