Agreement of Guarantee - Help!

silk_2

It looks nothing like that, just a cpl sheets of paper. When I can post links I can show you :P

I don't really want to take it to court, I'm just surprised they can enforce a lifelong contract on someone like that, even if they're daft enough to sign it.

ruggedtoast

silk wrote: »

I read this page before posting here, hence thinking I'd be ok since they've not made me sign for the rent increase etc.

But the wording of the agreement suggests otherwise.

How would you define unfair terms?

Where it conflicts with statute or the terms are so disadvantageous to one party they can't reasonably be thought to have understood what they were signing.

theartfullodger

The only way any of us can enforce a contract - if the other party won't play - is through the courts. In your shoes, in the absence of "Enacted as a Deed" on the paperwork, I'd simply ignore all requests for money, wait & see if they take you to court (they may not if they ain't sure ..) - if they do then post here again & get very specialist solicitor advice (ie not any old high-street guy but a specialist,Landlord/Tenant expert...).


Yup, Guarantees are lethal - but only if valid: As you have described it I don't think it would stand up in court..

The Landlord can still take legal action against the tenant..

silk_2

As I'd suspected the issue was down to a miscommunication, the tennant had changed from weekly to monthly paid and thus arranged to pay rent later as a one off.

Whoever took that message failed to pass it on, next thing you know they're badgering me about it. Another cause of estate agents being rubbish.

It has brought the contract to my attention though.. just something else to worry about since I apparently can't get out of it.

BitterAndTwisted

You don''t actually know definitely one way or the other whether you can "get out of it" until you've taken appropriate professional advice. Under the circumstances I would do this right away, just in case.

silk_2

BitterAndTwisted wrote: »

You don''t actually know definitely one way or the other whether you can "get out of it" until you've taken appropriate professional advice. Under the circumstances I would do this right away, just in case.

.. how?

BitterAndTwisted

Oh fgs! Find a local solicitor who understands LL&T legislation. Many offer a free half-hour consultation so just ask them to read the damned document and tell you whether it's been executed as a Deed and is therefore legally enforceable or not. Just paying someone could cost you about £50. Under the circumstances I would consider that £50 well-spent for peace of mind.

somethingcorporate

BitterAndTwisted wrote: »

Oh fgs! Find a local solicitor who understands LL&T legislation. Many offer a free half-hour consultation so just ask them to read the damned document and tell you whether it's been executed as a Deed and is therefore legally enforceable or not. Just paying someone could cost you about £50. Under the circumstances I would consider that £50 well-spent for peace of mind.

+1, it would be well spent time and money.

OP, just because a solicitor may have an opinion on whether it is enforceable or not does not necessarily make it so, it would need to go to court to prove it definitively either way. Although an experienced LL&T sol could give you a decent indication as to whether it was likely to succeed or fail in enforcement.

silk_2

BitterAndTwisted wrote: »

Oh fgs! Find a local solicitor who understands LL&T legislation. Many offer a free half-hour consultation so just ask them to read the damned document and tell you whether it's been executed as a Deed and is therefore legally enforceable or not. Just paying someone could cost you about £50. Under the circumstances I would consider that £50 well-spent for peace of mind.

You say this like it's obvious, some of us have never delved into anything involving law or solicitors before. Sorry for asking.

somethingcorporate wrote: »

+1, it would be well spent time and money.

OP, just because a solicitor may have an opinion on whether it is enforceable or not does not necessarily make it so, it would need to go to court to prove it definitively either way. Although an experienced LL&T sol could give you a decent indication as to whether it was likely to succeed or fail in enforcement.

I can afford a solicitor, but probably not court fees.

ruggedtoast

silk wrote: »

.. how?

I suggest you never sign anything ever again.