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Guarantor liability

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I'm looking for some advice, if someone who signed as guarantor for a rental property now has dementia, are they still liable for any costs incurred to repair of the property if the tenant is evicted due to the state the property is in?

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Saustin23 wrote: »
    I'm looking for some advice, if someone who signed as guarantor for a rental property now has dementia, are they still liable for any costs incurred to repair of the property if the tenant is evicted due to the state the property is in?

    That fact seems totally irrelevant to the legal undertaking given in the guarantee.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Assuming they were of sound mind when they entered into the agreement. Yes.
  • ging84
    ging84 Posts: 912 Forumite
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    It might make enforcing any debt recovery against them challenging
    presumably any money they still have would be needed for their on going care
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 10 May 2014 at 5:53PM
    ging84 wrote: »
    It might make enforcing any debt recovery against them challenging
    presumably any money they still have would be needed for their on going care
    I'm afraid that would be irrelevant. If they owe money, claimig they need it for care (or holidays, or anything else) may at best mean that the court allows them to pay the debt over time.

    Were they of sound mind when they signed the Guarantee agreement?

    If yes then the Office of guardianship, or their atorneys if there is a POA, will use their money to pay their debts.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Does "signed as guarantor" mean that there was a Deed of Guarantee drawn up?
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