guarantor information

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    guarantor information

    Hi,

    I have a question about paperwork and guarantors.

    My dad agreed to act as my guarantor at the start of my tenancy.

    He hasn't ever received any paperwork for this. Is this normal? All the information was provided by my dad to an online tenant referencing company. Is this all he needed?

    He hasn't seen my contract and only I signed it.

    Should he have received more information?

    #2
    What you have there is probably an unenforceable guarantor agreement.
    Which is probably good news for you and your dad - you are enjoying your tenancy (and are presumably paying rent etc), and your dad isn't likely to have to honour the agreement (if push came to shove).

    There is likely to be some kind of agreement in place, if your dad agreed with the letting agent or landlord to act as guarantor as part of the process of you renting the property.
    Exactly what form that agreement took will depend on who said what, when and how.

    Without seeing the tenancy agreement, it is unlikely that your father was ever in a position to guarantee it, because they can't contract to something when they don't know what you're agreeing to.

    Guarantor agreements are difficult to enforce if the guarantor declines to honour the agreement - but hopefully that won't arise.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Has he not signed anything at all?

      If he has signed nothing he is not a guarantor. The Statute of Frauds (1677) (as amended) provides:

      Noe Action shall be brought whereby to charge the Defendant upon any speciall promise to answere for the debt default or miscarriages of another person unlesse the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writeing and signed by the partie to be charged therewith or some other person thereunto by him lawfully authorized.

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        #4
        Are you likely to do anything to prevent father to avoid his moral duty?
        He 'agreed' to act as your G, without which LL could have refused to rent to you.

        Comment


          #5
          I'm not planning on doing anything like not paying my rent!

          It's just that my dad wants to know what he is liable for, just the rent, any damages, if I'm stupid enough to get evicted for some other breach of tenancy (I'm not going to be doing anything stupid).

          My dad is a worrier.

          And the letting agent is useless. He just keeps going on about the online application.

          Comment


            #6
            What has your father actually signed?

            What did the online application involve?

            Comment

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