Deed of Guarantee - sent to guarantor to sign

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    Deed of Guarantee - sent to guarantor to sign

    Dear All,

    I have a prospective guarantor for a prospective tenancy.
    The Deed of Guarantee will have to be sent to the guarantor to be signed.

    What is the correct procedure to accomplish this correctly.
    I'm aware they will need to see both the Deed of Guarantee and the Tenacy Agreement to obtain advice before signing.

    If they're content with the documents, what document needs to be signed in what order. What dates are put on the documents (if any at this stage)? (They will need to be posted back to me.) How do I ensure the correct person signed as guarantor and the witness who witnessed the signing? Is this something that should be done at a local (to them) solicitors, for example?

    Thanks
    Lulu

    #2
    I'm not happy with this as I have posted previously. I sent a guarantor form to be signed and witnessed and it was returned to me, but when push came to shove, the guarantor denied the signature was his, and I was unable to prove it was. The judge took him at his his word, and I could only pursue the tenant. The "witness" was untraceable, although his signature was probably genuine but I think he didn't actually see the "guarantor" sign the Deed; he was just asked to add his signature as a witness.

    You are recommended to see the guarantor sign the Deed if possible, or to ensure that it is genuine beyond any doubt.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      I think it is worth asking the G to ask a solicitor to witness the signature. I think it only costs about £5.

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        #4
        Originally posted by Berlingogirl View Post
        I think it is worth asking the G to ask a solicitor to witness the signature. I think it only costs about £5.
        That is what you pay for a "commission". There is no set fee for witnessing deeds. No lawyer is likely to just witness a guarantee for a nominal fee because if the guarantee is called upon he risks being sued for negligence for failure to advise on the guarantee, though I suppose he could get the guarantor to sign something. An interview during which the lawyer explains the effect of the guarantee - which in fact ideally is what any landlord wants - will cost more than £5.

        Getting guarantees executed is fraught with difficulty. If the landlord attends to it he risks the guarantor arguing that the landlord or agent misled him. Sending it through the post runs the risk outlined above.

        To answer the questions raised, there is a distinction between executing a deed and completing it. The guarantee should be left undated - write in pencil in the space for the date "DO NO DATE". When you have all the documents needed you date them all the same date. The law will assume that they were executed in the order necessary to give then effect.

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          #5
          Thank you all for your replies.

          It's clarified how careful I need to be.

          Comment

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