Validity of this Deed

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    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.

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      #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).

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