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risks of being a guarantor

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  • FATBALLZ wrote: »
    it seems a nonsense to me to be able to sign up to an unlimited liability for the rest of your life,

    agreed
    FATBALLZ wrote: »
    the law is usually quite sensible ....


    hmmm...
    The little bit of contract law I studied, it amazed me how not-sensible it was!
  • - don't think you can limit a guarantee like that, & if you did any sensible LL/Agent would ask themselves why you were doing it, then rent to someone else..
    I see no reason why you could not limit a guarantee. Although the consequences may be as you describe.

    Personally, I think it would be a good thing if then guarantee was limited to say 6 months rent. It menas that the LL would ahve to take some responsibility and also that the savvy guarantors [who are probably the better ones] would be less reluctant to comeforward.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • diable
    diable Posts: 5,258 Forumite
    Is she fit?


    ;)
  • boliston
    boliston Posts: 3,012 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    The only time i would consider being a guarantor is if I was NOT a property owner and had NO assets of any value.

    Basically if the tenant defaults on their rent they will come after you for effectively an unlimited amount, and if you don't pay they will go after you ASSETS.

    At the end of the day being a guarantor has the ability to make YOU homeless.
  • N79
    N79 Posts: 2,615 Forumite
    edited 6 September 2010 at 6:47AM
    1. Guarantees are executed in the form of a deed (with all the complications that implies ie Witnesses, prior sight of the deed etc). They are not a contract.

    2. There is no legal reason why you can not limit a guarantee to either a fixed period (or debt arising during a fixed period) of time or to a total amount. However, from a LL's point of view this is even more complicated and riskier so I suspect that without very good negotiations in reality it is all or nothing!
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