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Alex J.
Alex J., Solicitor
Category: Property Law
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Experience:  Two years conveyancing experience.
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Hi, I signed a blank guarantor agreement for a residential

Resolved Question:

Hi, I signed a blank guarantor agreement for a residential letting, I was never given or issued with a copy of the tenancy agreement before being rushed to sign by the letting agent and the form does not make reference to the Landlords name, property address or proposed tenancy occupation date.

I was assured that the form would be completed and I would be issued with the completed form and a copy of the tenancy agreement before the tenant commenced their tenancy.

This never happened and I assumed I was not required as the guarantor as it was between me and the tenants farther.

Having had no contact or conformation from the Letting Agent, I have now been issued a letter asking for a payment.

Can you confirm where I stand with regards XXXXX XXXXX agreement that is signed but contains no information that is required by the agreement and the fact I was never issued a copy of the tenancy agreement, which the guarantor agreements says must be issued and allowed sufficient time to read
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Did you sign the tenancy agreement as a deed (i.e in the presence of a witness)?

Kind regards

AJ
Customer: replied 3 years ago.

Yes I did have a witness

Customer: replied 3 years ago.


sorry AJ, ive just re read your question, I never got to see the tenancy agreement and never signed one.


 


I only signed a blank guarantor agreement form with my witness


 


Thanks Simon

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

From what you have described there are potentially two issues here that might make the guarantee unenforceable. I will explain it below.

In order to take liability for another party's debts you need to agree this in writing. This is known as the Statute of Frauds and is one of the most established concepts in English Law. This agreement potentially fails on the following grounds:

1. If it has not been executed as a deed then it will lack consideration and cannot be a valid contract and therefore is unenforceable;
2. If it has been executed as a deed then essentially it is a blank document and does not identify what liabilities you are guaranteeing and therefore will be in effective.
3. If they have not enforced the lease payments within 6 years then they may be statute barred from making a claim any way and accordingly cannot make the claim against you as guarantor

The problem you have is if they bring court proceeding it is entirely their prerogative and you will have to defend them. They wont be able to bring such proceedings without evidence therefore what I suggest you do is say that you are not prepared to consider any demand and deny any money is owing without seeing a valid guarantee. Say that any continued attempts to claim money from you, you will deem as harassment under S.40 of the Administration of Justice Act 1970 which is a criminal offence.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3609
Experience: Two years conveyancing experience.
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks AJ for your prompt reply, the document is blank and they are requesting payment.


 


I will use your advice as they contine to harras me


 


once again many thanks and I may well need further help from you


 


Kind regards


 


Simon

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