Guarantors - legally binding?

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  • Guarantors - legally binding?

    I downloaded a guarantor form from the RLA website and the father of a prospective tenant has signed it. How legally binding is this if the tenant doesn't pay?

  • #2
    Hope you did the following:-

    The requirements are:-
    1. A copy of the AST must be attached to the guarantor form when sent to the guarantor, and he has to be given a reasonable period in which to read the AST beforehand (say 48 hours at least) and then he should have been invited to raise any queries with you before signing it.
    2. It should ideally be witnessed, but not absolutely essential.
    3. It has to be signed before the tenant takes up possession.
    4. It has to be clear as to what the guarantor is actually responsible for.
    5. The RLA form should be more than adequate but it depends more on the above.
    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
      Thanks Paul. He's signed and witnessed it and I'm sending a copy of the AST this week, so hopefully it's sorted then.

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      • #4
        Richie,
        You say: 'He's signed and witnessed it and I'm sending a copy of the AST this week, so hopefully it's sorted.'

        Surely the tenancy agreement needed to have been attached to the guarantee form before the guarantor signed it. Otherwise, how was he to know the extent of the liability which he could be called upon to honour.

        Perhaps you should send a fresh guarantee form with the tenancy agreement and ask him to sign it. But if he doesn't, you could be alerting him to the potential flaw in the original signed guarantee form.

        Ramnik
        Private advice is available for a fee by sending a private message.

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        • #5
          I did think that, but it states the monthly rent, therefore his liability. I can't sign the tenancy without the guarantor form, or should I send an unsigned copy?

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          • #6
            Ritchie. Your posting is about as clear as mud! You only need to provide a copy of the AST to the guarantor, not the original - it's the wording contained within it that counts, but see the following:-
            1. If the tenancy has already started then forget getting the guarantor to sign anything retrospectively - it will be void!
            2. If the guarator signed an original guarantor form without the attachment of the AST at the time, it will be void!
            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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