Guarantor question, please help with some objective advice!

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    #16
    Originally posted by natt48 View Post
    I thought the entire contract was quoted the first time? But then later was additional information posted
    Notwithstanding, at no point does it declare itself to be executed as a Deed.

    So it isn't one.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #17
      Originally posted by mind the gap View Post
      Notwithstanding, at no point does it declare itself to be executed as a Deed.

      So it isn't one.
      As far as we are aware, the OP has not confirmed that.

      Maybe your right but its still a valid question for someone who doesn't know

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        #18
        Originally posted by natt48 View Post
        Maybe your right but its still a valid question for someone who doesn't know
        OP appears to have reproduced the entire document. I agree, if he has omitted the title/heading, or the ending, then it may still be a Deed. But I doubt it.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #19
          Thanks for that, the word deed is not written in the contract. Here is the first part until complete agreement, only missing are the names and address which I have not included, but the word deed is not written there either.



          IMPORTANT NOTICE
          This Guarantor Agreement creates a binding legal contract. If you do not fully understand the nature of the agreement, then it is recommended that you take independent legal advice before signing.




          GUARANTOR
          AGREEMENT


          for residential lettings


          __________________________________________________ _______________________________________

          General Notes

          This is a contract by which the Landlord agrees to grant a tenancy in consideration of the Guarantor’s agreement to act as surety for that tenancy agreement.

          • This agreement is for use with the letting of residential property and their associated tenancies. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant. Practitioners are advised to read the guidance notes that accompany this agreement.
          • It is essential that a copy of the proposed tenancy agreement is attached to the Guarantor Agreement and that the Guarantor is given adequate opportunity to read both documents before signing.
          • If the guarantor is not able to be present, in person, to sign the guarantee it is recommended that the guarantee is signed at least seven days before the tenancy is due to start.
          • This agreement has been drawn up after consideration of the Office of Fair Trading’s Guidance on Unfair terms in Tenancy Agreements.
          __________________________________________________ ___________________________________







          (c) The Letting Centre, 2005
          Page 1 of 3 G01.txm

          THIS AGREEMENT is made BETWEEN the Guarantor and the Landlord.

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            #20
            Originally posted by jabekken View Post
            I have not been sent the tenancy agreement by agent/landlord. So I have had no chance to read this.
            Originally posted by jabekken View Post
            I got the document by email yesterday, and they are pressing me sign it quickly, as the tenancy is supposed to commence on Monday.
            And the fact that it calls itself a contract, not a deed. All this will make the guarantee unenforceable if you defend using these arguments.

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              #21
              Originally posted by mind the gap View Post
              I am struggling to believe that some landlord is actually paying this incompetent agent good money to issue 'legal' documents as full of holes as this Gruyere cheese of a guarantor agreement.
              If the agent has no legal qualifications and charged a fee for a Deed, he'd be committing a criminal offence, I think.

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                #22
                Originally posted by westminster View Post
                If the agent has no legal qualifications and charged a fee for a Deed, he'd be committing a criminal offence, I think.
                Yes it was section 22 of the Solicitors Act 1974. I believe it has been superseded in the last few years, but the same limitations apply.

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