Is there any legal precedent/legislation re: absence of Guarantor Form

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    Is there any legal precedent/legislation re: absence of Guarantor Form

    You may remember some weeks ago I posted a thread regarding a Guarantors liabilty if she gave notice of withdrawing and I got several very useful answers - basically telling me that she was liable ad infinitum and could not withdraw.

    However, I have since requested, from the Agent who lets and manages the property, a copy of the Guarantor Form and all documents signed by the guarantor saying that I needed them to show the Housing Dept in my claim for re-housing ... and lo! and behold there was no Guarantor Form. Only a very short and ambiguous clause on the AST and her signature on the first and last pages of the AST. They also confirmed verbally that there was no Guarantor Form.

    I understand from other posts on here that without a separate Guarantor Form, her guarantee is not legally enforceable. What I need to know now is:

    Does anyone know how I can prove this to the LL/Agent without having to go to Court i.e. is there a legal precedent set down for this or is it mentioned anywhere in any legislation?

    I would prefer for it not to get to Court for arrears unless I absolutely can't help it but I need to subtly point out the significance of having no Guarantor Form to him and I would prefer to have something i can quote to him.


    Many thanks in advance of receiving the usual helpful and knowledgable replies !!!
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    This same question was posted in No guarantor form (is grtr liable) and return of deposit

    I have answered there on the basis of previous expert advice on these forums.

    Unless you can hit the case law by making searches then one can only hope one of our legal eagles will eventually quote the case law or legal principles.

    It may be something to do with the fact that a guarantee document must be a deed and an AST is not a deed.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      My search facility dodesn't seem to work -- it tries opening the page, then it says "Done: but with errors on the page" - wondering if anyone else has the same problem ??

      I have replied to you on the other post but thanks again!

      Originally posted by Worldlife
      This same question was posted in No guarantor form (is grtr liable) and return of deposit

      I have answered there on the basis of previous expert advice on these forums.

      Unless you can hit the case law by making searches then one can only hope one of our legal eagles will eventually quote the case law or legal principles.

      It may be something to do with the fact that a guarantee document must be a deed and an AST is not a deed.
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        Originally posted by pippay
        My search facility dodesn't seem to work -- it tries opening the page, then it says "Done: but with errors on the page" - wondering if anyone else has the same problem ??

        I have replied to you on the other post but thanks again!
        Is this happening when you try searches from both within the Rental Property Questions forum and using the search facility from the main page of LandlordZONE forums.

        The search facility within the forum has been unreliable at times but it now working satisfactorily. The main page forum search is nearly always reliable.

        If you constantly get page error displays and these are on other websites too it might be you have a system problem. The few times I have reecieved this error message it has not prevented use of the facility or page.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Responding as follows - I think I've tried everything I can !!
          Originally posted by Worldlife
          Is this happening when you try searches from both within the Rental Property Questions forum and using the search facility from the main page of LandlordZONE forums. When I click on the "search forum" button, literally nothing happens except getting a page error at the bottom of the screen.

          The search facility within the forum has been unreliable at times but it now working satisfactorily. The main page forum search is nearly always reliable. The search page comes up but when I tried entering a couple of words like Tenancy and tenants it didn't give me any search results

          If you constantly get page error displays and these are on other websites too it might be you have a system problem. It's only o this site .... The few times I have reecieved this error message it has not prevented use of the facility or page.
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment


            #6
            Suggest you pass the problem this problem on to LandlordZONE admin. with a link to this thread.

            State clearly the problem is only happening on this forum.

            Let them know :-

            Your operating system
            The web browser you are using and the version
            Information on your the firewall, anti-virus or any anti-pop (advertisement controls) software
            Brief details of your computer system
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


              #7
              I've found I can use the search facility in Letting Agets forum without any problems so I don't think its my system that's at fault .. I will let Landlordzone know accordingly !
              Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

              Comment


                #8
                It's a known problem actually: previous advice from the Editor has been to [b]right[b]-click on "Search", then select "Open in New Window" from the drop-down menu. That seems to work OK!

                Comment

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