Guarantee by parents of one of two joint tenants

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    Guarantee by parents of one of two joint tenants

    I have tried to research this through the site and apologise if this question has been answered before.

    I have two tenants who both signed a AST for 6 months in October 2010. The deposit for the house was payed by one of the girls parents, girl A.

    The other girl, girl B, initially paid the first months rent then suddenly moved out of the house and has not paid since. We received a text from her stating that her horse was ill and that she would not be moving back into the house.

    Girl A has paid each month but it was her mother that paid for the deposit and as such girl B will not loose out as she did not pay the deposit.

    The AST was only signed by girl A&B. As part of the AST but not in the AST and in the tenants person details section which is a separate form , is the heading Personal reference/Guarantor's details. Girl B's mother signed the section as a guarantor and there is no reference to it being a deed etc.

    My query is can I now use this to go after the guarantor for the unpaid rent.

    #2
    My view: if it's not a Deed, it's not enforceable.
    Other members may differ.
    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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      #3
      If you have them as valid guarantors then yes you can pursue them for any shortfall as the rent and other liabilites are joint and several on the 2 tenants. This means that it is all their responsibilities to pay all the rent - how they split that up is not your problem. You can pursue any of them or a valid guarantor for all of it.

      The received wisdom here seems to be that for the guarantor to be valid you will probably have to have done the following:

      1. The guarantor will have to have had sight of the tenancy agreement and the guarantee document with enough time to consider them both and get advice if they want to.
      2. The guarantee must be executed as a deed which basically meeans it must say its a deed and the signature must be witnessed.

      You might possibly get away with less but don't bank on it. It's probably worth a punt as the parent may accept that they are liable and you may not end up in court anyway.

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