Signing a Guarantors form (as deed) : Problem Witnessing

[jpkeates]

There is obviously no harm in L signing it but I feel pretty certain that the landlord does not need to sign it themselves, unless the deed includes an obligation for the landlord.

The deed needs to be signed (with witnesses) by both parties to the agreement.

And, I agree that signing the deed after the start of the tenancy isn't the safest idea.

[Hooper]

Adds risk and uncertainty and no advantage to you, that I can see. I'd avoid it.

Useful thread touching on some of the points you've raised which you may already have seen here:
https://forums.landlordzone.co.uk/fo...to-a-guarantor

[Mike777]

Thanks for all the advice and comments very helpful.

There has been another twist over night !!!!

The guarantor is due down a week after the son (renter) moves in. He has offered to sign it then and I have no doubt he will.

Can I simply start and date the guarantor agreement for the day he comes down and is able the sign it. It would tie into the start date of the AST agreement and hope that's not a problem ?

Many thanks for the continued help.

[Hooper]

I'd sign and get witnessed your copy and send it to Carlise for signing and witnessing there.

There is obviously no harm in L signing it but I feel pretty certain that the landlord does not need to sign it themselves, unless the deed includes an obligation for the landlord.

[jpkeates]

That's spot on.

[Mike777]

No need to apologise - Carlisle is much more useful for you!

I'd sign and get witnessed your copy and send it to Carlise for signing and witnessing there.
Advise the guarantor to read the tenancy agreement and to get legal advice if they have any concerns or are not sure what they're agreeing to do before signing it.

Many thanks... Excuse myself seeking the calification......so I don't need to be there when they sign or vice versa. Thank you again.

[jpkeates]

He told me Scotland but just checked to confirm and it's actually Carlisle so just south of the boarder. I should have checked first. Apologises

No need to apologise - Carlisle is much more useful for you!

I'd sign and get witnessed your copy and send it to Carlise for signing and witnessing there.
Advise the guarantor to read the tenancy agreement and to get legal advice if they have any concerns or are not sure what they're agreeing to do before signing it.

[Mike777]

The signature and the witness attesting to it can be done remotely and without the other party present.
Same with your signature and witness.

The guarantor would need to be advised to take English legal advice, as the Scottish legal system is different.

You'd have to enforce the guarantor agreement in an English court and transfer any debt into the Scottish system to enforce it (assuming the guarantor decided to be difficult).

He told me Scotland but just checked to confirm and it's actually Carlisle so just south of the boarder. I should have checked first. Apologises

[jpkeates]

The signature and the witness attesting to it can be done remotely and without the other party present.
Same with your signature and witness.

The guarantor would need to be advised to take English legal advice, as the Scottish legal system is different.

You'd have to enforce the guarantor agreement in an English court and transfer any debt into the Scottish system to enforce it (assuming the guarantor decided to be difficult).

[Hooper]

I send Deed to them by email (with contract and scary covering letter pressing home what a huge commitment it is), they print sign in front of a witness (who includes name address email and mobile - no one related or in business with them), scan and email back to me and lastly mail original to me. I don't sign it. I don't treat is as executed until I receive the original. My ASTs are digital online so I also get them to initial and sign the AST (before T) to confirm they agree it is the same agreement which they agreed to guarantee.

[Mike777]

Hi all

Would appreciate some advice on this please....
New tenant is moving in (Property in Oxfordshire). Guarantor is his father who lives in Scotland.
The guarantor form I use is signed as a deed and needs to be witnessed.
Is there any way this can be done without one of us having to travel to meet the other and would I need to take a person to witness it.
With appreciate any view or advice on this please.
Thank you for your time
Regards
Mike