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Does my guarantor have to sign at the same time as me?

Hi everyone,

I've just paid an application fee for a flat. It's been taken off the market and held in my name and both my guarantor and I have passed credit checks. I have a move in date and everything is set for me to pay the deposit and get the keys.

However, the letting agents are requiring that my guarantor be preset to sign the forms on the day I move in.

This wouldn't be a problem but she lives very far away from the flat and it would be a considerable expense and inconvenience to go to their offices on the move in date.

Is this entirely necessary (by law) like they're suggesting? I've never had to do this in the past.

Any advice you can give would be greatly appreciated.

Best,

Rich
«1

Comments

  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    How are you suggesting it happens instead?
    Well life is harsh, hug me don't reject me.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    However, the letting agents are requiring that my guarantor be preset to sign the forms on the day I move in.

    This wouldn't be a problem but she lives very far away from the flat and it would be a considerable expense and inconvenience to go to their offices on the move in date.

    We did it all by post when we acted as guarantees for our son's flat.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Mojisola wrote: »
    We did it all by post when we acted as guarantees for our son's flat.

    From the LL/LA perspective, that would be a very silly thing to do.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mrginge wrote: »
    From the LL/LA perspective, that would be a very silly thing to do.

    Why?..............
  • jamei305
    jamei305 Posts: 635 Forumite
    Part of the Furniture 500 Posts Name Dropper
    It's not hard. Tenant signs the agreement, guarantors sign with witnesses signing, then landlord/agents sign on the day.
  • When I've done it before (4 times in the last 10 years) the guarantor has never had to be present and has always posted the forms in.

    Has the law changed?
  • mrginge
    mrginge Posts: 4,843 Forumite
    Mojisola wrote: »
    Why?..............


    Because it could raise doubt as to the validity of the guarantor agreement.
  • mrginge wrote: »
    From the LL/LA perspective, that would be a very silly thing to do.

    They said that it had something to do with identity fraud. In that, if my guarantor turned out to have forged the documents or got hold of someone else's, then they might not actually come up with the rent if I didn't pay.

    They said that they only way of ensuring this was to have the guarantor come in so that they could see that the guarantor matched the person in the photo ID.

    i can see the logic.... But it seems unnecessary to me. Surely the same thing could be achieved over Skype?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It's a sensible precaution.

    You turn up at their office with a guarantor deed with a scrwled signature by the the 'guarantor' (your partner? mate?) and another signarure scrawled for the witness (you mate? partner?).

    9 months later landlord tries to take guarantor to court for rent arrears and guaranor says "That's not my signature I never signed that". Witness says "That's not my signature I never signed that".
  • jamei305
    jamei305 Posts: 635 Forumite
    Part of the Furniture 500 Posts Name Dropper
    How about the guarantor signing it and having it witnessed by a solicitor local to them who can check their ID?
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