Validity of this Deed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Validity of this Deed

    Hi All,

    I found this Deed of Guarantee online which seems fairly robust however at the bottom of the deed below where it says "THE GUARANTOR’S SIGNATURE MUST BE WITNESSED" on page 2 it asks for the guarantors signature to be witnessed twice. Should one of these be the Landlords signature which should be witnessed? Or is it for two separate guarantors? If the latter doesn't the landlord need to sign aswell?

    Deed of Guarantor

    http://www.letmerlin.co.uk/_forms/11...-Unlimited.pdf

    #2
    Originally posted by natt48 View Post
    Or is it for two separate guarantors?
    The way it is set out is a bit confusing, but that is the intention. There is certainly no need for the guarantor to sign twice. If there is more than one guarantor then their names need to appear in this part so you know which guarantor is signing where.

    Originally posted by natt48 View Post
    If the latter doesn't the landlord need to sign as well?
    No.

    Comment


      #3
      Thanks Law cruncher

      Comment


        #4
        Originally posted by natt48 View Post
        Hi All,

        I found this Deed of Guarantee online which seems fairly robust however at the bottom of the deed below where it says "THE GUARANTOR’S SIGNATURE MUST BE WITNESSED" on page 2 it asks for the guarantors signature to be witnessed twice. Should one of these be the Landlords signature which should be witnessed? Or is it for two separate guarantors? If the latter doesn't the landlord need to sign aswell?

        Deed of Guarantor

        http://www.letmerlin.co.uk/_forms/11...-Unlimited.pdf
        Under English law, no-one's signature needs two witnesses except where:
        a. X makes a Will;
        b. X authorises Y to sign on X's behalf; and
        c. Z1 and Z2 need to witness it.
        So perhaps the 'two witnesses needed' bit is under Scottish law?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

        Latest Activity

        Collapse

        • Reply to No EPC
          by mariner
          I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.
          29-03-2020, 01:30 AM
        • No EPC
          by Onepropertypeter
          I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital....
          28-03-2020, 16:16 PM
        • Reply to Epc
          by flyingfreehold
          Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption...
          28-03-2020, 22:15 PM
        • Epc
          by lavy
          Hi, Wondered if someone could clarify I have property with existing tenants in place long term and the epc has expired but was in force when they moved in . I am aware that it would need to be renewed if a new tenant was to move in . With the new rules coming into force soon must i get an epc done...
          11-02-2020, 12:28 PM
        • Reply to Asking for 35% off rent
          by AndrewDod
          This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

          But yes, they are most likely chancers using the law to try to diddle you.
          ...
          28-03-2020, 21:15 PM
        • Asking for 35% off rent
          by Lillylisa
          Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
          28-03-2020, 16:20 PM
        • Reply to Asking for 35% off rent
          by Snorkerz
          Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

          With your tenancy agreement
          • You give the tenants a tenancy, they give you rent (consideration)
          • Guarantor
          ...
          28-03-2020, 21:13 PM
        • Reply to Asking for 35% off rent
          by Lillylisa
          Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
          28-03-2020, 21:06 PM
        • Reply to Asking for 35% off rent
          by Lillylisa
          To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
          28-03-2020, 21:02 PM
        • Reply to Asking for 35% off rent
          by Lillylisa
          There is no deed. He is named on the rental contract 6 month short hold tenancy agreement as being responsible along with the 3 tenants. I will edit my post. Thank you....
          28-03-2020, 20:23 PM
        Working...
        X