Deed of Guarantee - Help needed please!

Harriette

Just to be clear,

The contract ran out last March (2011) and I have had this money claim sent to me a year later.

I cannot prove that my letter regarding ending the agreement with me as guarantor was sent to the LL. This was sent a year ago and I did not think to send it recorded. As I said, I heard nothing back, and I would have assumed he would have been in touch with me alot sooner seeing as he claims the tenants are in arrears. My information is all still the same as it was when I became guarantor.

There is no information relating to the tenant, property or even the rental amount on the deed, just the LL's details, and mine.

The information I provided about the commas is correct.

Thank you

G_M

Harriette wrote: »

Just to be clear,

The contract ran out last March (2011) and I have had this money claim sent to me a year later. And your point is? Debts can be chased for up to 7 (I think!) years. The LL may have been attempting to let the tenant deal with the arrears for some time. Thre is no obligation on the LL to involve the guarantor at early stages of arrears if they decide not oo, though I would expect a 'letter before action' to preceed the moneyclaime.

I cannot prove that my letter regarding ending the agreement with me as guarantor was sent to the LL. This was sent a year ago and I did not think to send it recorded. As I said, I heard nothing back, and I would have assumed he would have been in touch with me alot sooner seeing as he claims the tenants are in arrears. My information is all still the same as it was when I became guarantor. As said before your letter is irrelevant.

There is no information relating to the tenant, property or even the rental amount on the deed, just the LL's details, and mine. A court might overturn the Deed on these grounds - but the only way to find out is to contest the validity of the Deed in court.

The information I provided about the commas is correct.

Thank you

The information I provided about guarantees is correct.

DVardysShadow

Harriette wrote: »

Just to be clear,

The contract ran out last March (2011) and I have had this money claim sent to me a year later.

I cannot prove that my letter regarding ending the agreement with me as guarantor was sent to the LL. This was sent a year ago and I did not think to send it recorded. As I said, I heard nothing back, and I would have assumed he would have been in touch with me alot sooner seeing as he claims the tenants are in arrears. My information is all still the same as it was when I became guarantor.

There is no information relating to the tenant, property or even the rental amount on the deed, just the LL's details, and mine.

The information I provided about the commas is correct.

Thank you

OK, you are on weak ground and you can expect to lose this. But if you want to take a fight on it, you only risk a CCJ, which if you settle in full in less than a month, will not go on your credit record.

The first point is that without commas "may be terminated by agreement Court Order by re-entry forfeiture notice or otherwise", notice is a means of terminating [the lack of commas leaves ambiguity over whether it is 'notice' or 'forfeiture notice'. So you did send a letter. But you don't have proof.

The second point is that neither the tenant nor the property are specified on the deed. So suppose you were actually giving a guarantee for a lesser amount of rent on a different property? Or even for an entirely different friend? Difficult for you to argue. But actually, the Landlord needs to argue this and prove that the deed applies. So you could be obstructive on this one

Third point. Who witnessed the deed? If it was the LL, the deed may be invalid.

Fourth point. Does the deed specify the rent directly [£x per month] or indirectly [as specified in .... ] or globally [any rent agreed between.... ] or is it actually silent about the amount?

None of these points are killers, but they could delay and even deter a landlord. In the mean time, if you are still in touch with your friend, apply lots of pressure.

Thrugelmir

Harriette wrote: »

I cannot prove that my letter regarding ending the agreement with me as guarantor was sent to the LL. This was sent a year ago and I did not think to send it recorded. As I said, I heard nothing back, and I would have assumed he would have been in touch with me alot sooner seeing as he claims the tenants are in arrears. My information is all still the same as it was when I became guarantor.

The lack of evidence undermines your case. Assumptions carry no weight in law. Arguably the view would be taken that someone would have followed the matter up. Considering the importance of the contents.

Harriette

Thank you all so much for your help so far!

I suppose should this go to court, it will be my word against the LL.

Would it not have been the duty of the LL to inform me that the tenant remained in the property after the fixed term and therefore I would know if I was still legally obliged to act as guarantor? Or would that be purely courteous?

The rental amount is £ per month/week but as I said there is no rental amount on the deed. Where the £ is, it is blank.

The deed was was witnessed by 2 people who drink in the pub next door.

Regarding the commas, this is what it says exactly; This Guarantee shall remain in full force and effect notwithstanding that the Agreement may be terminated by agreement Court Order by re-entry forfeiture notice or otherwise.

There are no commas!

Harriette

Update :

I have today spoken with the Tenant who has told me they are pursuing the LL for 3x the deposit amount as no prescribed information was given at the start of the tenancy and has still not been provided.

According to them, it is a requirement of the DPS terms and conditions where the deposit is held that this information is given to the tenant.

The LL knows he has messed up and has tried to pursue me for the money whilst 'avoiding' the request for the prescribed information from the Tenant.

It seems there was a disagreement over new flooring and decorating at the property where the LL agreed to pay 50%. The Tenant paid their 50% and then a couple of weeks later the LL served a 'verbal' Section 21 notice to regain possession of the property.

I am glad I have found this out but obviously will continue to try and safeguard myself as I understand the claim for 3x deposit could go either way in court.

DVardysShadow

Harriette wrote: »

I am glad I have found this out but obviously will continue to try and safeguard myself as I understand the claim for 3x deposit could go either way in court.

It will go against the tenant, as the claim was made after the end of the tenancy, I believe - this is case law and against the intentions of the legislators who have now closed this loophole - but too late for you and the tenant.

You need to crack the whip over the tenant and get some answers - if you don't have them already. It would be useful to know in a more blow by blow sort of way what actually transpired here. I am wondering whehter the tenant might have something of a claim against the Landlord - and needs to get their act in order so as to protect you from a claim.

caeler

I think your friend is screwing you over. The first you hear about this situation is from the LL rather than your friend? Something doesn't feel right about that. Your friend may be suing for 3x depost but the last 3 months rent is still due and that is currently your responsibility. I think you are right to safeguard yourself, or try to.