Can I get out of being a guarantor for my ex girlfriend

Pixie5740

Just in case this is actually a Deed of Guarantee, do you know why your ex-gf has fallen into arrears? Does she actually have the money and is just refusing to pay?

MikeBritton1985

anselld wrote: »

Which is it? It is unlikely to be both.

Guarantor application is what is filled in prior to application giving the guarantors details, etc. It is legally meaningless at this stage.

Deed of Guarantee is what is actually prepared, signed and witnessed based on the details gained from the form. It is legally valid if it is filled in correctly and if the guarantors signature was witnessed as deed *and* if the guarantor had visibility of the contract they are guaranteeing.

there are two forms


the guarantor with my address details and previous address(es) (which I never filled out, and I lived in 2 previous addresses in the past 3 years) does that make the whole application void as there isn't all my information there


and the deed of guarantee for I apparently signed and was apparently signed infront of her mum......

MikeBritton1985

I don't have any copies of tenancy agreement so how can it valid that im the guarantor.....?

General_Grant

MikeBritton1985 wrote: »

I don't have any copies of tenancy agreement so how can it valid that im the guarantor.....?

Proving a negative is rather difficult.

You may not have copies now, but did you ever?

MikeBritton1985

I would remember if I received copies of it and kept it safe in my documents. I even told the letting agency I have never received anything from them. that's why I was confused in the first place why they had my address

Marktheshark

I dont buy the "dont remember at all"
Sorry but signing a guarantor deed is quite an event, 3 people are required to be together, two to sign and one to witness both signing at the same time.
You would not forget that.

MikeBritton1985

with regards to the 'Guarantor application' form....
legally should all the details on here be correct? and should the landlord or letting agency check this before

MikeBritton1985

Marktheshark wrote: »

I dont buy the "dont remember at all"
Sorry but signing a guarantor deed is quite an event, 3 people are required to be together, two to sign and one to witness both signing at the same time.
You would not forget that.

I don't remember purely because we are not on speaking terms! we had a massive disagreement on this because she asked my dad to be guarantor too and we all laughed it off... I know how crap she is with money so why on earth would I commit to it.

Pixie5740

MikeBritton1985 wrote: »

with regards to the 'Guarantor application' form....
legally should all the details on here be correct? and should the landlord or letting agency check this before

Forget about the Guarantor Application form. The important document if the Deed of Guarantee which sounds as though it was signed by you and your signature witnessed.

I'm not sure if you necessarily need to be given a copy of the tenancy agreement to keep or not. Possibly just letting you read the document before signing the Deed of Guarantee is enough.

Marktheshark

I dont remember because we are not on speaking terms ?
Not the sort of thing you would forget in my opinion.
If that is your signature then your excuse of not remembering / not knowing what you signed is not going to get you very far at all, in fact it will make things much worse than they already are.
This is why you never sign for anyones rent unless it is your son/ daughter and out of guided loyalty.
She is going to be living rent free at your expenses by the sounds of it.

The Deed expires when they move out or you die.