I need to get out of my guarantor contract.

MacMickster

I really don't understand why people come on here seeking legal advice from a bunch of anonymous strangers who do not have full sight of all of the appropriate documentation.

Speak to a solicitor. Many people have access to legal advice through insurances that they have taken out, union membership etc. If you have none of these, it is still worth paying to sit down with a solicitor and discuss the situation face to face.

The fact that you are emailing the letting agent with comments from this forum would suggest that you are never going to actually spend money on taking the issue through the courts. Stop playing silly beggars and get some proper legal advice.

Angelicdevil

MacMickster wrote: »

I really don't understand why people come on here seeking legal advice from a bunch of anonymous strangers who do not have full sight of all of the appropriate documentation.

Speak to a solicitor. Many people have access to legal advice through insurances that they have taken out, union membership etc. If you have none of these, it is still worth paying to sit down with a solicitor and discuss the situation face to face.

The fact that you are emailing the letting agent with comments from this forum would suggest that you are never going to actually spend money on taking the issue through the courts. Stop playing silly beggars and get some proper legal advice.

I don't understand why we have so many people coming on here asking how to get out of being guarantors and whining about how unfair the deal is after realising the huge commitment they are faced with.

If you're going to be a guarantor for someone at least take the time to understand what you're getting in to before signing up to it!

ruggedtoast

silkyuk9 wrote: »

There is no evidence at present the tenant will not pay rent. Now the relationship has broke down I do not want to be a tool in the arguments, its as simple as that.

Well that's too bad I'm afraid, you signed to be a guarantor and now you are one.

The only way this obligation can be enforced is in a court so you'll just have to wait and hope it's not enforceable.

Your other option is to try and force them to rescind it for which you need a lawyer not a forum.

Prothet_of_Doom

anselld wrote: »

Not strange, just incompetent!

Which was why I didn't object to signing it. It's not worth the tissue paper it's written on.
He's 20. An adult.
Why does he need a guarantor anyway ?
What if his parent refused ?

silkyuk9

This is a quote from the letting agent.

Following completion of the sign-up paperwork, a copy of the tenancy agreement and the guarantor
form was then posted out to yourself as guarantor, the tenant and the landlord

Remember i signed the guarantor deed which was emailed to me, I had not seen any tenancy contract prior to this. So the letting agent is really confirming this in her email.

Is it the law that a contract has to be issued before I sign the deed? if this is the case is it written anywhere so I can at least see the webpage and look at this?

ruggedtoast

silkyuk9 wrote: »

This is a quote from the letting agent.

Following completion of the sign-up paperwork, a copy of the tenancy agreement and the guarantor
form was then posted out to yourself as guarantor, the tenant and the landlord

Remember i signed the guarantor deed which was emailed to me, I had not seen any tenancy contract prior to this. So the letting agent is really confirming this in her email.

Is it the law that a contract has to be issued before I sign the deed? if this is the case is it written anywhere so I can at least see the webpage and look at this?

No she isn't. She is clearly saying she posted you the tenancy. It's your word against her 's that she didn't.

You seem to just want to keep posting the same thing until someone tells you what you want to hear but nothing is going to change. You have signed to be a guarantor. The agent is never in a million years going to release you from that so you can either dispute it in court if or when your guarantee runs up a bill or spend a small fortune trying to have the deed voided.

silkyuk9

ruggedtoast wrote: »

No she isn't. She is clearly saying she posted you the tenancy. It's your word against her 's that she didn't.

You seem to just want to keep posting the same thing until someone tells you what you want to hear but nothing is going to change. You have signed to be a guarantor. The agent is never in a million years going to release you from that so you can either dispute it in court if or when your guarantee runs up a bill or spend a small fortune trying to have the deed voided.

Im sure you are right, ive spoke to a solicitor and even if a agreement was not issued I should have asked for one.

My only hope is writing to the landlord and to explain the situation. And hope will let me go.

G_M

silkyuk9 wrote: »

Guaranteeing as ive done actually gives me no consideration in my protection too, its ok for me as guarantor to to protect the landlord money but who is protecting me if the tenant decides to play silly !!!!!!s? Its all on the side of the landlord and nothing on my side

That is exactly the point I was making in post 45 above.

It IS a one-sided agreement.
* The landlord benefits from obtaining an additional person to sue in the case of rent arrears/damage.
* the guarantor gets NO benefit from the agreement (other than the satisfaction of helping their friend/relative get a tenancy).

Thus there can be no contract between LL & guarantor.

Thus it must be a Deed.

When a Deed is Executed, the parties are bound by it legally, and cannot just unilaterally cancel it.

In this case, as explained, there may be grounds to argue the Deed was NOT properly executed, but as also explained this could only be determined in court.

silkyuk9

G_M wrote: »

That is exactly the point I was making in post 45 above.

It IS a one-sided agreement.
* The landlord benefits from obtaining an additional person to sue in the case of rent arrears/damage.
* the guarantor gets NO benefit from the agreement (other than the satisfaction of helping their friend/relative get a tenancy).

Thus there can be no contract between LL & guarantor.

Thus it must be a Deed.

When a Deed is Executed, the parties are bound by it legally, and cannot just unilaterally cancel it.

In this case, as explained, there may be grounds to argue the Deed was NOT properly executed, but as also explained this could only be determined in court.

As there been any cases where an individual can go to court and be freed from a deed, even if it was executed correctly.

G_M

silkyuk9 wrote: »

As there been any cases where an individual can go to court and be freed from a deed, even if it was executed correctly.

Not that I know of - that would defeat the whole purpose of a Deed.

I don't know how many times this needs to be explained - you keep hearing what you don't want to hear, and then asking the same question again in different words.