Guarantor Application Form Valid as Contract?

ejmbooks

Hi all,

I hope someone can help me here.

In my very early twenties, I signed a Guarantor Application Form for a friend's flat. Very stupid mistake that I will not be making again.

They were already living in the property at the time and had done so for four months at this point. It was for a six month tenancy ending on the 31/05/2010. Once ended, the tenancy agreement rolled over two months until the tenants were given an eviction notice by the landlord to vacate the property.

However, the problem I have is that they have moved out of the property and left debt piling up. I haven't heard from the agent since the form was signed until receiving a letter from Daniels Silverman debt collection agency requesting £2000.

I've had a look around and I've come across some information that would make the agreement void in court.

1, The application form makes no reference to a deed, agreement or contract. Only that it is an application form to become guarantor of the property.

2, I was not shown a copy of the tenancy agreement at the time of signing as the occupants were already in the property.

3, There is no signed witness on the application form.

4, The only terms and conditions included on the form are these:

I hereby confirm that the information provided by me is to the best of my knowledge true and that any misrepresentations can be constructed as fraudulent.

I also confirm that I will guarnatee (with spelling mistake) the above mentioned person/s monthly rent for the property at the above address for the duration of the tenancy.

I'm not stupid. If I'm liable for it, I'll pay it, but if this application form isn't a valid contract, agreement or deed than I don't see why I should pay up to a really bad landlord.

Would this application form be a valid method of procuring the money from me in court?

Yorkie1

As far as I know, if the document was not signed and witnessed as a deed then it is unenforceable, but wait for others to confirm this too.

G_M

A document like this can be either
a) a contract or
b) a deed

A contract needs there to be 'consideration' on both sides. That means that each side gets/gives the other something. (ie you go shopping, you pay the shop, and receive the goods).

In a guarantee agreement, what does the landlord 'give' the guarantor? Nothing! Therefore there is no contract.

So a guarantee agreement needs to be executed as a deed. And for a deed to be valid, it needs to be witnessed. And the guarantor needs to know what they are guaranteeing (ie they must have seen the tenancy agreement).

Sounds like this guarantee would not be enforcible in a court.

jjlandlord

Even before discussing the conditions for a guarantee to be valid, it seems that this document is, as the name suggests, an application.
I.e. it is neither a contract or a deed but just a record of the details of a person who would agree to be guarantor if accepted by landlord and if tenancy was granted.

Another angle: the document only me mentions a guarantee for "the tenancy", which is therefore only for the duration of the 6 month fixed term tenancy.