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I need to get out of my guarantor contract.

Is there anyone on here that has a legal background in tenancy law? I would really appreciate a little chat regarding my guarantor status and how I can be removed before a person stitches me up big time.

I have contracts and emails from the letting agent but for obvious reasons do not want to publish on a chat forum.

If any MSE members are into this type of law and can assist me please pm me so I can discuss this issue and give full account of all details contracts and emails etc.

cheers
All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
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Comments

  • martindow
    martindow Posts: 10,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could you post some more information in general terms so that others can offer their views? You cannot really expect legal people to read through documents to offer advice and they may well be loathe to do so without being paid!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1) is the guarantee agreement legally valid?
    a) Executed as a Deed?
    b) witnessed?
    c) tenancy agreement provided before GA signed?

    2) What does it say?
    a) you guarantee for the period of the fixed term?
    b) for as long as the tenancy continues?

    Assuming it is valid, you have made a legal commitment. A Guarantee agreement would be pretty pointless if the guarantor could end it whenever they wished!
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    G_M wrote: »
    1) is the guarantee agreement legally valid?
    a) Executed as a Deed?
    b) witnessed?
    c) tenancy agreement provided before GA signed?

    2) What does it say?
    a) you guarantee for the period of the fixed term?
    b) for as long as the tenancy continues?

    Assuming it is valid, you have made a legal commitment. A Guarantee agreement would be pretty pointless if the guarantor could end it whenever they wished!

    Is it ok I pm you? If you are and im sure you know what you are talking about in this issue I can discuss this further and show you contracts (which say was witnessed in signing but was not)
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    martindow wrote: »
    Could you post some more information in general terms so that others can offer their views? You cannot really expect legal people to read through documents to offer advice and they may well be loathe to do so without being paid!

    Thats not quite true. There are free online live chats, however I feel more comfortable talking to members on here. I appreciate your input but this is private.
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • roger196
    roger196 Posts: 610 Forumite
    500 Posts
    If the guarantee is open ended ( ie for the life of the tenancy including once it has gone onto the rolling phase of periodic), your only hope is to give three months notice ( a reasonable period for the LL to get tenant out) that you will no longer be responsible. You will be liable for all debts up to the end of the notice period.
    This technique is sometimes succesfully used with bank guarantees as the bank has not challenged in court.
    This is a highly complex area where success is often elusive.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    roger196 wrote: »
    If the guarantee is open ended ( ie for the life of the tenancy including once it has gone onto the rolling phase of periodic), your only hope is to give three months notice ( a reasonable period for the LL to get tenant out) that you will no longer be responsible. You will be liable for all debts up to the end of the notice period.
    This technique is sometimes succesfully used with bank guarantees as the bank has not challenged in court.
    This is a highly complex area where success is often elusive.

    They wont accept any period of notice. Basically the letting agent does not give a crap
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • martindow
    martindow Posts: 10,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    silkyuk9 wrote: »
    Thats not quite true. There are free online live chats, however I feel more comfortable talking to members on here. I appreciate your input but this is private.
    I can understand that you don't want to post in detail that might identify you, but I think you may receive a better response if you post more information in general terms. Some posters on this board have a lot of expertise but not all of them will want to receive and go through PMs.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    A quick recap.

    ex gf took out a tenancy agreement with letting agent. She did not have guarantor. I offered to be guarantor (through circumstances) deed of guarantee was emailed to me to sign, I emailed it back to letting agent when I signed, contract was then posted to me countersigned by a witness to me signing (obviously this did not happen I was not present) ex-gf moved in with my son who was not on tenancy contract, so he had to go to letting agent to sign later, so the tenancy agreement was amended but not the deed of guarantee.

    ex and son have split, son moved out ex still in house.

    Letting agent will not let me out of contract.

    Here is the last reply from letting agent, when I asked for contract of son and ex's contract.

    Mr XXXX (son) was never put onto the tenancy agreement, he just signed an addendum, to say
    he was a permitted occupier at the property.

    You therefore continue as guarantor for xxxx (ex-gf), for as long as she stays at the property
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    if you quote the wording on the GA, together with sequence of signing/witnessing/sample tenancy agreement, we can comment better.

    Relevant will also be whether the tenancy agreement changed between your signing the GA and now eg your son being added to it.

    Have you got copies of the original TA and any later one?

    If your son was simply designated a 'permitted occupier' this is unlikely to affect the GA.

    If your son became a joint tenant, then your GA would be null and void.
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    This is the only GA i have

    Signed_Guarantor_Form.jpg

    obviously ive blanked out names. I have original copy TA but no others as none were updated when my son moved in. As the letting agent has said to me over email

    Mr 'XXXX (son)' was never put onto the tenancy agreement, he just signed an addendum, to say
    he was a permitted occupier at the property.
    All the big powers they've silenced me. So much for free speech and choice on this fundamental human right, and outing the liars.
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