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

124

Comments

  • Mgman1965
    Mgman1965 Posts: 284 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Just a thought, would it be legal for a witness not to be independent ?

    A daughter couldn't witness a mothers will. So could a mother witness a legal document between daughter and boyfriend ?
  • Its a remote possibility but is there a chance your ex was able to either forge your handwriting or put your details (written on another form copy pasted onto the guarantor form), and just provided the Lettings Agency with a photocopy.

    I fail to see how the LA would accept a photocopy but as you assert you didn't sign a guarantor form, for you to have a chance of breaking it, need to figure out what was done.

    How sure are you that the writing on the form is yours? Are all the letters formed as you'd form them. If not, it might be worth your while getting a handwriting expert to look at it.

    I know these suggestions sound like they come out of a movie., but if you didn't sign the form, there has to be a way the form was completed.
  • emsywoo123
    emsywoo123 Posts: 5,440 Forumite
    To be honest, if I believed your version of events and started a thread, I would have gone along the lines of "girlfriend forged my signature on guarantor forms!" rather than "Can I get out of being a guarantor for my ex-girlfriend" :money:
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    We saw someone the other day ignoring all advice not to sign guarantor forms as he felt obliged as the person baby sat his kid.
    This can and does go so terrible wrong, you can end up paying someone's full rent indefinitely.
    I do Contracts, all day every day.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mgman1965 wrote: »
    Just a thought, would it be legal for a witness not to be independent ?

    A daughter couldn't witness a mothers will. So could a mother witness a legal document between daughter and boyfriend?

    An adult child can witness a parent's will but they wouldn't be able to be a beneficiary as well.
  • Argghhh
    Argghhh Posts: 352 Forumite
    say he has signed the guarantee, surely he can give notice to the LA that he is withdrawing his agreement to be guarantor - yes he may be liable for the outstanding arrears but not anymore from the date of withdrawal?
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Argghhh wrote: »
    say he has signed the guarantee, surely he can give notice to the LA that he is withdrawing his agreement to be guarantor - yes he may be liable for the outstanding arrears but not anymore from the date of withdrawal?
    No, you can't do that. Once signed you are liable until the tenancy ends. They don't even have to evict the tenant, they can keep claiming from the guarantor indefinitely.

    Your only hope is that the guarantor was not legally set up and enforceable. For this you need professional legal advice from someone experienced in this area.
    Changing the world, one sarcastic comment at a time.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Argghhh wrote: »
    say he has signed the guarantee, surely he can give notice to the LA that he is withdrawing his agreement to be guarantor - yes he may be liable for the outstanding arrears but not anymore from the date of withdrawal?

    I'm not sure he can just withdraw his agreement. If guarantors were able to just give notice to withdraw their guarantee it would render the deed of guarantee pretty useless.

    It's one of the reasons why being a guarantor can be so costly. Not only are you liable for unpaid rent and damages but you have no say in when the hell ends. If the deed was executed correctly you can't back out of it and you can't serve notice on behalf of the tenant to end the tenancy either.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    Most landlords will start eviction proceedings once the tenant stops paying rent. Guarantor or no.
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    Sounds like your best option would be to pay off your ex to end the tenancy .

    Your excuses sound thin and I wouldn't think you'd stand a chance if you refused to pay and it went to court.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
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